Wexford: Man arrested after €1.6m of herbal cannabis seized
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The Independent
13 minutes ago
- The Independent
Police officers detained after smacking son win appeal after ‘unlawful' arrests
Two married police officers who were arrested after one of them smacked their teenage son have won a High Court battle over claims they were unlawfully detained. The officers, who both serve with the Metropolitan Police, were arrested by Surrey Police in March 2019 after the wife gave her son what she described as a 'light smack on the left cheek' after he misbehaved. They sued Surrey Police after being told they would face no further action, claiming their detention was unlawful as it was unnecessary. The couple, who have three children, had their claims dismissed following a trial last year and appealed against the decision at the High Court earlier this month. In a ruling on Monday, Mr Justice Bourne overturned the decision. He said: 'In my judgment, on a proper analysis of the evidence at trial, the police did not show that there was an objective basis for the belief that it was necessary to arrest either claimant.' The judge said in a 30-page ruling that at the time of the incident, the couple's son, referred to as ABD, had 'an unfortunate history of challenging behaviour' and had begun attending a youth centre to access mental health services. The couple cancelled ABD's birthday party in March 2019 after he misbehaved, causing him to go to his room, where he 'kicked things around'. This led his mother to smack her son while his father was asleep, which she said 'was not hard and did not cause any injury or leave any mark'. ABD attended the youth centre the following day and told staff that he had been assaulted by his mother and that his father had done nothing to stop it. Despite offering to be interviewed voluntarily, both parents were arrested and detained for more than seven hours. ABD returned to the family home the following day, with police deeming that the children were not at risk of harm and telling the couple that they would face no further action three days after their arrest. Following a five-day trial at Guildford County Court, a judge dismissed their legal claims, finding that police 'reasonably believed' that their arrests were necessary 'to protect a child or children from the person in question and to enable a prompt and effective investigation'. The judge also ordered the couple to pay 70 per cent of the force's legal costs. At a hearing in London on July 2, barristers for the couple told the High Court that the judge 'erred' by finding that the arrests were 'objectively reasonable' as both parents had offered to give voluntary interviews. In his ruling, Mr Justice Bourne said he was 'unable to agree' with the trial judge's finding that there was a 'rational basis' for officers to conclude that voluntary interviews were not an option. He said: 'In the present case, no reason has been identified which actually explains why voluntary interviews were not a viable alternative.' He continued: 'None of this means that police officers are entitled to special treatment when they find themselves suspected of an offence. 'But the police must assess the circumstances and make rational decisions as to whether coercive measures are needed or not.' He added: 'Merely referring to the need to protect children and to protect the integrity of the investigation was not and is not enough. 'It follows that the arrests were unlawful and the claims should have succeeded.'
BreakingNews.ie
an hour ago
- BreakingNews.ie
Sligo bed and breakfast owner who raped guest fails in conviction appeal
A Sligo B&B owner who raped a guest nearly 40 years his junior and claimed it was consensual has failed in an appeal against his conviction. 'There is no reason to suppose that the jury did not faithfully apply the principles of law,' said Mr Justice Patrick McCarthy at the Court of Appeal on Monday, rejecting an appeal by Thomas Wymbs (68). Advertisement Wymbs was found guilty by a jury of one count of raping the woman between February 22nd and 23rd, 2020, following a Central Criminal Court trial in February 2024. Wymbs was living at and was the proprietor of Atlantic Haven B&B, Moneygold, Mount Temple, Co Sligo at the time the offence took place. Ms Justice Mary Ellen Ring sentenced him to seven and a half years with the final 18 months suspended on July 31st, 2024. The sentencing court heard that the complainant in the case, a European woman in her 20s, had been staying at the B&B. At the time in question, she was the only guest. Advertisement On the night of February 22nd, 2020, Wymbs invited her to join him for a drink. Her last recollection was around midnight, before she woke in the middle of the night to find herself in Wymbs' bedroom and he was raping her. Launching an appeal against his conviction earlier this month, Michael Bowman SC, for Wymbs, said the trial judge had made an error in refusing requests by the defence to address the jury on two issues. He said the first related to comments made in the prosecution's closing speech and the second was linked to evidence given by an expert witness from Forensic Science Ireland in relation to alcohol consumption and its effects. Mr Bowman said during the prosecution's closing speech, the jury were invited to consider why the injured party might have made the complaint. He said the question posed by the prosecution was why she would make up this story. Advertisement In delivering the court's judgement on Monday, Mr Justice McCarthy said that at the core of the case was the prosecution contention that the complainant was incapable of consenting because of the effect of alcohol, giving rise to sleep. He said that a forensic scientist conducted analyses of the complainant's blood and urine, going on to say that the court did not think that the trial judge's failure or omission to summarise this expert evidence in his charge to the jury gave rise to a deficient charge. He said that the trial was a short one, and the evidence of this witness could only have been fresh in the minds of the jurors since that evidence was given on the previous day. Ireland Family who turned down six emergency accommodation... Read More Mr Justice McCarthy said that there was no disagreement about the high level of intoxication of the victim and the statistical evidence merely bore that fact out. Advertisement Concerning the second ground of appeal, Mr Justice McCarthy said that the defence had the opportunity to respond to the prosecution's closing speech. He also said that the trial judge referred to the standard and burden of proof and told the jury not to speculate in any way when deciding the case. 'There is no reason to suppose that the jury did not faithfully apply the principles of law elaborated in the charge,' he said, adding that the court did not think the prosecuting counsel invited speculation in his closing speech. In summary, the court rejected the appeal.
BreakingNews.ie
an hour ago
- BreakingNews.ie
Paddy McKillen jnr in dispute with receivers over Dublin office properties
Businessman Paddy McKillen junior is in a Commercial Court dispute with receivers over the taking possession of three valuable Dublin office properties allegedly due to millions owed in rent arrears on them. Perfect Stripe Ltd, trading as Grafter, is suing Ken Fennell and Brendan O'Reilly, of Interpath Advisory, who were appointed joint receivers over three companies which rented the properties, at Stephen's Green, Leeson Street and Ely Place from Perfect Stripe. Advertisement The three companies, Wonderbay Ltd, Crossville Properties Ltd, and Discovery Dawn Ltd (all in receivership) were McKillen group-related firms. Perfect Stripe claims that on the morning of June 23rd last, agents of the receivers broke into the properties having unlawfully purported to have forfeit the leases. The locks were changed and Perfect Stripe and its agents were prevented from gaining access. The claim of breaking in is denied. The purchase of the buildings was funded largely through loans from RELM Loan Opportunities DAC who appointed the receivers after calling in the loans. RELM began calling in the loans and Perfect Stripe says that the forfeiture happened despite discussions with the defendants about rent adjustments. Advertisement It believed the parties were negotiating in good faith and no steps would be taken towards any enforcement until the negotiations concluded. The defendants claimed the sums due on the properties in rent arrears at the time was some €2.7 million for Stephen's Green, around €321,000 for Ely Place and some €530,000 for Leeson Street. Perfect Stripe, in its statement of claim, says the defendants have unlawfully forfeited the properties "under the guise of seeking inflated amounts in excess of the interest due" under the loan agreements. It also says they have "misappropriated the plaintiff's business in order to achieve a higher sales price for the properties". Advertisement On Monday, Mr Fennell and Mr O'Reilly, in their capacity as receivers of the three defendant companies, applied to have the dispute admitted to the fast track Commercial Court. James Doherty SC, for the defendants, said the total debt now due in arrears was in excess of €4.1 million and the leases were forfeited and possession taken some five weeks ago. Ireland Man (37) repeatedly stabbed ex-partner after putti... Read More Counsel said there was mediation for a short time, which was unsuccessful. The claim of misappropriation by the defendants of the business to themselves is "wholly without foundation", he said. Counsel also disputed a claim by Marcus Dowling SC, for Perfect Stripe, that from his client's perspective, what had happened was the receivers' agents breaking into the premises in the middle of the night. Mr Dowling said his side was neutral on the application to admit the case to the commercial list. Mr Justice Mark Sanfey said it was clearly a matter suitable for entry to the Commercial Court. He approved the agreed directions and adjourned the matter to later this year.
