Latest news with #JudgeGabbett
BreakingNews.ie
12-05-2025
- Politics
- BreakingNews.ie
Anti-immigrant activist Philip Dwyer appeals conviction for trespass at Clare Ipas centre
Prominent anti-immigrant activist, Philip Dwyer is appealing the conviction for trespass imposed on him at a then new direct provision centre for International Protection (IP) applicants at Magowna House in 2023. 'Citizen Journalist' Mr Dwyer is appealing the conviction and €500 fine for the trespass offence on May 18th, 2023 at Magowna House imposed at Ennis District Court in March. Advertisement At Ennis Circuit Court today, 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 and Judge Francis Comerford fixed July 7th for hearing at Ennis Circuit Court. Imposing the penalty at the district court, Judge Alec Gabbett said that words used by Mr Dwyer to others on the grounds at Magowna House were 'unkind' and "quite unseemly" on the date. 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'. Advertisement 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. Evidence In evidence heard previously at the district court, Manager of Magowna House, Ahlam Salman told the court that Mr Dwyer was on the property on May 18th 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. Advertisement 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 could 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.' Advertisement Footage 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." Ireland Amateur boxer and comedian avoids jail for drug de... Read More 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.' 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."
BreakingNews.ie
10-05-2025
- Health
- BreakingNews.ie
'It is a pity sunbed ban is not extended to adults too', judge says
A judge has stated that it is a pity that there is not a ban on sunbed operators facilitating sunbed sessions for adults. At Ennis District Court, Judge Alec Gabbett made his comment after a Shannon-based sunbed business, Solcraft Ltd, entered a guilty plea to selling the use of a sunbed at a sunbed premises, Cosmopoli Tan in Shannon to a person under the age of 18. Advertisement 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 November 26th, 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 cannot facilitate providing a sunbed session to children. Advertisement He said: 'That is a very good thing. It is a pity that this doesn't apply to adults as well." 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), but this is the same thing. It is probably more dangerous.' Ms Cronin said, 'It is a concern to us that there is an increase in the amount of sunbeds available.' Advertisement The HSE was prosecuting three parties for the same offence in the case, and Ms 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 on Friday: '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. He said: 'Two of the prosecutions were for sales to minors and both were upheld by the court.' He added: "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 June 20th at Ennis District Court.
Irish Times
10-05-2025
- Business
- Irish Times
Judge expresses concern that sunbeds are still allowed for adults amid illegal use by person under 18
A judge has stated that it is a pity that there is not a ban on sunbed operators facilitating sunbed sessions for adults. At Ennis District Court, Judge Alec Gabbett made his comment on Friday after a Shannon based sunbed business, Solcraft Ltd, entered a guilty plea to selling the use of a sunbed at a sunbed premises, 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 sun-bed sessions to minors were recorded in 2024. Solcraft Ltd of Dun Na Ri, Shannon has pleaded guilty to the offence taking place at Cosmopoli Tan at Unit 7, Block E, Bru Na Sionna, Shannon on November 26th 2024. READ MORE 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 on Friday 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.' 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) but this is the same thing. It is probably more dangerous.' Ms 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 Ms 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 on Friday: '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. He said: 'Two of the prosecutions were for sales to minors and both were upheld by the court.' He added: '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 June 20th at Ennis District Court.
