Judge orders demolition of house, garage

A High Court judge has made orders for the demolition of a house and garage at Brittas, Co Dublin, which were built without planning…

A High Court judge has made orders for the demolition of a house and garage at Brittas, Co Dublin, which were built without planning permission.

The court was told there were repeated breaches of the planning acts involved in the case.

Mr Justice Kearns made the order in relation to property of Mr Martin McDonagh at Glenaraneen, Brittas, Co Dublin.

He allowed six months for the demolition to take place and put a stay on the demolition order in the event of an appeal.

READ MORE

Judgment later in rape case appeal

The Court of Criminal Appeal has reserved judgment on an appeal by a remedial teacher and Catholic Boy Scouts regional commissioner against his conviction and ten year sentence for raping a schoolboy.

Denis O'Shea (54), Cahermore, Midleton, Co Cork was jailed by Mr Justice O'Donovan at the Central Criminal Court on July 26th, 2000 but his identity could not be revealed at the time for legal reasons.

In June 2000, he was convicted on two charges of raping an 11 year-old pupil during special lunchtime remedial classes from 1997 to 1998. He was also convicted of four charges of sexual assault.

In June 2002, Mr Justice Carney, following an application by the DPP, lifted the order which prohibited identification of the teacher.

Yesterday, Mr Paul Coffey SC, for O'Shea, said that although his client had been returned for trial in respect of offences against the boy and two other boys, the DPP elected to prosecute the offences alleged against the 11 year-old separately and in isolation of the other alleged offences.

During the trial the judge had admitted the evidence of the two other children even though O'Shea's trial in relation to other children was still pending at the time and of which O'Shea had since been acquitted, Mr Coffey said.

Mr Coffey said the conviction was unsafe because it was partly procured by the allegations of the two other children in respect of which O'Shea had since been acquitted.

Bail for mother convicted of killing

A mother of six convicted of the manslaughter of a man who had allegedly attacked her home, was granted bail yesterday by the Court of Criminal Appeal pending the outcome of her appeal against conviction and sentence.

The three-judge appeal court heard Sarah Craig (34) had taken her children to England after the incident in which she stabbed Mr Brian Hanley (20), Beechcourt House, Meelick, outside her home at Cregan Avenue, Kileely, Limerick, on August 26th, 2001.

The Circuit Court heard Craig stabbed Mr Hanley with a steak knife after he had bitten her husband on the side of the face during a row outside their home.

There were six children inside the house, aged from three months to 13 years, and Mr Craig's 84 year-old mother during the row.

Ms Craig admitted stabbing Mr Hanley but said it was to protect her family.

"My kids were screaming and I was very, very scared and frightened," she said.

Ms Justice McGuinness said it was rare enough for a convicted person to be allowed bail pending an appeal and the court had to be satisfied that Ms Craig had at least a strong chance of success in her appeal.

Garda cleared in overtime case

A garda accused of getting false overtime payments has been cleared of all charges against him.

Judge Frank O'Donnell at Dublin Circuit Criminal Court directed the jury to find Mr John Kelleher (33), Cartron Close, Sligo and formerly of Kenilworth Lane, Harolds Cross, Dublin, not guilty of all seven charges against him.