Latest news with #Gabbett
Agriland
26-05-2025
- Agriland
Farmer says life turned ‘upside down' by farm ban while on bail
By Gordon Deegan A south Co. Galway farmer has told a judge that his life has been turned upside down over his bail ban from Gort and his farm near there. At Gort District Court, Gerard Nestor (60) told Judge Alec Gabbett that he is completely innocent of the charges before the court. Judge Gabbett told Nestor that he is facing an awful lot of charge sheets, including one where Nestor is effectively accused of using a JCB as a weapon in a dispute over a wall with another landowner. In two of the charges before the court, Nestor, of Dun Na Mara Drive, Renmore, Galway and College Road, Galway, is charged with the criminal damage of a block wall belonging to John O'Donoghue on dates between November 20 and November 21, and on November 6 last, at Bunasrah, Ennis Road, Gort. Judge Gabbett said previously that the level of damage to the wall is quite serious and said that it is alleged that it was knocked down twice. Sgt. Claire Henaghan previously told the court that the value of the wall could be around €20,000. Judge Gabbett said that Gardaí have received partial directions from the DPP (Director of Public Prosecutions) with full directions awaited. In court, Nestor told Judge Gabbett: 'In these circumstances where I am innocent until proven guilty, I should be allowed to go to my hometown of Gort where most of my family still live, where my parents and brother are buried, and I have a farm with animals, and I have not been able to set foot on for six months.' He said: 'The Gardaí have time and time again delayed, delayed and delayed, and here is another example of it to try to keep me out of Gort and out of my farm.' Judge Gabbett said that there are 'particularly serious allegations here as far as I am concerned including one where he is effectively accused of using a JCB as a weapon'. Judge Gabbett said: 'Mr. Nestor has been very good on his bail and there has been no application to revoke the bail conditions. I appreciate it is very onerous and I am not inclined to relax the conditions until we have DPP directions.' Nestor said: 'I have been accused of some very serious criminal damage and this is completely false and I have no doubt that I will be proven innocent in time. But in the meantime, my life has been turned completely upside down.' Judge Gabbett said: 'This is ultimately about a wall and does the wall belong to Mr. O'Donoghue or belong to you?' Nestor said: 'The wall was put there by Mr. O'Donoghue on my land and there is no question that it is my land.' 'There are two sheds on the boundary and Mr. O'Donoghue decided to knock a wall and put a new doorway from his shed into my field.' Judge Gabbett said that he is adjourning the case to June 26 on a peremptory basis, which means that if DPP directions are not before the court, Judge Gabbett may strike out the charges. Nestor told Judge Gabbett that he has been very fair. He told him: 'I am depending on you for justice.'
The Journal
17-05-2025
- General
- The Journal
Court orders girl will spend today with her mother ahead of her first Holy Communion
A PRIMARY SCHOOL student will spend this morning with her mother ahead of celebrating her first Holy Communion today. At the Family Law Court before making his ruling, Judge Alec Gabbett remarked 'it is the same ding-dong every year with the Sacraments'. The girl's parents are estranged and could not agree on First Holy Communion arrangements on Saturday for their daughter resulting in the two bringing their dispute before Judge Gabbett to rule upon. In ordering that the girl stay with her mother on Friday night to allow her to spend Saturday morning with her mother before the Holy Communion mass, Judge Gabbett said: 'At a very basic level, at a very human level, this is mother and daughter stuff.' He said: 'This is the girl's first Holy Communion morning and little girls should be with their mothers.' Judge Gabbett said that the proposal put forward by solicitor, Anne Walsh for the mother was 'extraordinarily sensible'. He said: 'It is one of the most reasonable proposals I have received in a long time to deal with a situation that is very acrimonious.' Ms Walsh said that her client's proposal, having discussed the matter with her daughter, is that she would spend the night at her home the night before and she had booked hairdressers for her daughter on the morning of the communion and the two would go there together. Ms Walsh said that the child was happy with the arrangement and that 'Mum takes her to the church – they sit with Dad and siblings in the same pew in the Church. They would take photographs after Church and my client would then head away.' Ms Walsh said that the girl would then spend the rest of the day with her father before returning to her client for a day out together on Sunday. Advertisement In response, solicitor, Mairead Doyle for the father said that he had spoken to his daughter and she had expressed a desire to spend the night before her Holy Communion with her siblings. Ms Doyle claimed that the mother's approach to the arrangements is 'if you don't do it my way' and that the child is under pressure 'and is caught in the middle of this'. Ms Walsh said that she wrote to the other side on 2 April following her client's conversation with her daughter about the day and did not receive a reply until May 14th. Judge Gabbett said that he did not have the wishes of the child in front of him and the father said that he could bring his daughter to court to tell the judge her own wishes for the day. In response, Ms Walsh said: 'If someone thinks that it is right to bring a child to court the day before her first Holy Communion that speaks volumes.' Judge Gabbett said: 'I am making the order – mum the night before.' Judge Gabbett said that 'Dad is getting the lion's share of the day – he is getting the party and the bouncy castle'. Judge Gabbett said that older siblings 'don't trump mother and daughter time on Holy Communion day'. He said: 'This should have been addressed a long time before today. I find that children are very robust and you will find that on the day of the Communion once the girl has opened her cards she will be delighted with herself and this will pass.' 'The only people who will be upset will be this former couple unfortunately and no judge is going to fix that. That is my order.' Judge Gabbett ordered as part of the court order that the girl would be handed over by the father to the mother at a local supermarket on Friday evening and after spending time with mother on Sunday would then return to father on Sunday evening.
Irish Daily Mirror
16-05-2025
- General
- Irish Daily Mirror
'He's getting party & bouncy castle.' Judge intervenes in parents' communion row
A judge has ordered that a primary school-going girl spend the night before her first Holy Communion with her mother this weekend. At the Family Law Court before making his ruling, Judge Alec Gabbett remarked: 'It is the same ding-dong every year with the Sacraments.' The girl's parents are estranged and could not agree on First Holy Communion arrangements on Saturday for their daughter, resulting in the two bringing their dispute before Judge Gabbett to rule upon. In ordering that the girl stay with her mother on Friday night to allow her to spend Saturday morning with her mother before the Holy Communion mass, Judge Gabbett said: 'At a very basic level, at a very human level, this is mother and daughter stuff." He said: 'This is the girl's first Holy Communion morning and little girls should be with their mothers.' Judge Gabbett said that the proposal put forward by solicitor Anne Walsh for the mother was 'extraordinarily sensible'. He said: 'It is one of the most reasonable proposals I have received in a long time to deal with a situation that is very acrimonious.' Ms Walsh said that her client's proposal, having discussed the matter with her daughter, is that she would spend the night at her home the night before and she had booked hairdressers for her daughter on the morning of the communion and the two would go there together. Ms Walsh said that the child was happy with the arrangement and that 'Mum takes her to the church – they sit with Dad and siblings in the same pew in the Church. They would take photographs after Church and my client would then head away'. Ms Walsh said that the girl would then spend the rest of the day with Dad before returning to her client for a day out together on Sunday. In response, solicitor, Mairead Doyle for the father said that he had spoken to his daughter and she had expressed a desire to spend the night before her Holy Communion with her siblings. Ms Doyle claimed that the mother's approach to the arrangements is 'if you don't do it my way' and that the child is under pressure 'and is caught in the middle of this'. Ms Walsh said that she wrote to the other side on April 2 following her client's conversation with her daughter about the day and did not receive a reply until May 14. Judge Gabbett said that he did not have the wishes of the child in front of him and the father said that he could bring his daughter to court to tell the judge her own wishes for the day. In response, Ms Walsh said: 'If someone thinks that it is right to bring a child to court the day before her first Holy Communion, that speaks volumes.' Judge Gabbett said: 'I am making the order – mum the night before.' He added: 'Dad is getting the lion's share of the day – he is getting the party and the bouncy castle.' Judge Gabbett said that older siblings 'don't trump mother and daughter time on Holy Communion day'. He said: 'This should have been addressed a long time before today. I find that children are very robust and you will find that on the day of the Communion once the girl has opened her cards she will be delighted with herself and this will pass. 'The only people who will be upset will be this former couple unfortunately and no judge is going to fix that. That is my order.' Judge Gabbett ordered as part of the court order that the girl would be handed over by the father to the mother at a local supermarket on Friday evening and after spending time with mother on Sunday would then return to father on Sunday evening.
Sunday World
13-05-2025
- Politics
- Sunday World
Anti-immigration activist Philip Dwyer appeals trespass conviction
Imposing the fine for the trespass offence in March, Judge Alec Gabbett said that words used by Mr Dwyer to others on the grounds at Magowna House were 'unkind' and "quite unseemly' Anti-immigrant activist, Philip Dwyer, is appealing a conviction for trespass at a direct provision centre for International Protection (IP) applicants at Magowna House in 2023. The self-declared 'citizen journalist' is appealing the conviction and €500 fine for the trespass offence imposed on him at Ennis District Court in March. Clare FM reports that State Solicitor for Clare, Aisling Casey said that the appeal will require a full hearing and would take two hours. Counsel for Mr Dwyer said that it would take significantly less than two hours. Judge Francis Comerford fixed July 7 for hearing at Ennis Circuit Court. Imposing the fine for the trespass offence in March, Judge Alec Gabbett said that words used by Mr Dwyer to others on the grounds at Magowna House were 'unkind' and "quite unseemly". After viewing Mr Dwyer's video footage in court of what occurred at Magowna House on May 18, 2023 Judge Gabbett said: 'There was a certain undertone to the speech used.' Philip Dwyer News in 90 Seconds - May 13th Judge Gabbett said that Mr Dwyer had told a Ukrainian man at the Magowna House site "'you are Ukrainian - you are in my country' or words to that effect and 'you can't tell me what to do in my country' isn't particularly pleasant to watch'. Mr Dwyer (56) of Tallaght Cross West, Tallaght, Dublin 24 had denied the trespass charge and presented video footage of his interactions at Magowna House as part of his case and Judge Gabbett said that the footage was instead helpful to the State's prosecution against Mr Dwyer. The court was told at the time, there were protests at Magowna House where 29 International Protection applicants were being accommodated and there were blockades on local roads which were attracting media attention. In evidence heard previously, Manager of Magowna House, Ahlam Salman told the court that Mr Dwyer was on the property on May 18 recording 'making me and my staff feel afraid and unsafe'. Judge Gabbett said that Mr Dwyer's footage corroborated the State's evidence of Ms Salman's fear on the day. Judge Gabbett said that Magowna House was no longer operating as a hotel and was private property. In the footage shown in court, Mr Dwyer can be heard saying 'These are all foreign people telling me what I can't do in my own country'. Mr Dwyer can be seen addressing a Ukrainian man wearing a fluorescent jacket asking 'Do you think Irish people are stupid? Do you think we are all idiots? I wouldn't blame you to be honest with you.' He asks later: 'What is your problem? You are not in Ukraine, this is my country…What are you hiding? I am just asking questions on behalf of the people of Ireland…. The people in this country are very concerned about this.' After seeing some men believed to be IP applicants staying at the centre, Mr Dwyer asks: 'Why are these people covering their faces….This is Ireland. This is my country." He says later: 'The people of Ireland you can see what is happening in their country - stopping Irish men going they lawful business to do journalism.' The footage later shows Mr Dwyer saying: 'Philip Dwyer is my name. I am a citizen journalist. You are in Ireland now.' Of the Ukrainian man, Mr Dwyer said: 'He should be over in Ukraine fighting the war - he is here illegally.' After seeing an Irish Times reporter located outside the Magowna House perimeter, Mr Dwyer commented "look at the face of treason here lads". Prior to Judge Gabbett imposing sentence, counsel for Mr Dwyer, Ann Doyle BL said her client does not accept the verdict of the court and had instructions not to give a very detailed plea in mitigation. Ms Doyle said: "Mr Dwyer is someone who I believe is a person of integrity. He is a citizen journalist and he had no intention of creating a breach of the peace or invoking fear in anyone." Ms Doyle confirmed that the conviction would be appealed to the circuit court.
The Journal
10-05-2025
- Health
- The Journal
Judge says it's a 'pity' that ban on sunbeds for under-18s doesn't also apply to adults
A JUDGE HAS said it's pity that Ireland's ban on providing tanning sunbed sessions to under-18s doesn't also apply for adult customers. Judge Alec Gabbett made his comment at Ennis District Court after the Shannon-based business Solcraft Ltd entered a guilty plea to selling the use of a sunbed at Cosmopoli Tan in Shannon to a person under the age of 18. The Health Service Executive (HSE) is bringing the rare prosecution under Section 4 of the Public Health (Sunbeds) Act 2014 where only two such HSE prosecutions for the sale of sunbed sessions to minors were recorded in 2024. Solcraft Ltd of Dun Na Rí, Shannon has pleaded guilty to the offence taking place at Cosmopoli Tan at Unit 7, Block E, Bru Na Sionna, Shannon on 26 November 2024. Acting as agent in the case on behalf of solicitor, John Casey, solicitor, Stiofan Fitzpatrick told the court there is a guilty plea in the case by Solcraft Ltd. Judge Gabbett told the court that sunbed operators can't facilitate providing a sunbed session to children. He said: 'That is a very good thing. It is a pity that this doesn't apply to adults as well.' Advertisement Solicitor for the HSE Michelle Cronin said: 'I wouldn't disagree with you, Judge.' Judge Gabbett said: 'To be frank now, there were prosecutions by the HSE for smoking [in the workplace]… this is the same thing. It is probably more dangerous.' Cronin said: 'It is a concern to us that there is an increase in the amount of sunbeds available.' The HSE was prosecuting three parties for the same offence in the case and Cronin of Comyn Kelleher Tobin Solicitors said that the HSE was withdrawing the prosecutions against Przemyslaw Szczupak of Cosmopoli Tan and Munique Comargo of Cregaun, Ennis. Asked on the level of enforcement activity under the Public Health (Sunbeds) Act, a spokesman for the HSE said: 'In 2024, ten fixed payment notices were served and four prosecutions taken by the National Environmental Health Service under the Public Health (Sunbeds) Act 2014. 'Two of the prosecutions were for sales to minors and both were upheld by the court. 'In 2023, seventeen fixed payment notices were served, and four prosecutions taken by the National Environmental Health Service (NEHS) under the Public Health (Sunbeds) Act 2014. Two of the prosecutions were for sales to minors and one was upheld by the Court.' Judge Gabbett adjourned the case for sentence to 20 June at Ennis District Court.
