Latest news with #Gabbett
Irish Times
20 hours ago
- Irish Times
‘Rooks can drive people mad,' judge says as prosecution taken over tree felling
'Rooks can drive people mad,' a judge said after being told a prosecution is being taken over the alleged felling of a tree that contained 'many' nests, eggs and chicks. At Gort District Court , three Galway men are being prosecuted by the Department of Housing, Local Government and Heritage under the Wildlife Act in connection with the alleged injuring and disturbing of rooks. Asked by Judge Alec Gabbett if the case involves someone shooting at rooks, counsel for the department, Michael Clancy BL, replied 'no'. Mr Clancy said the allegation was that a tree was felled that contained a rookery with 'many nests, many eggs and many chicks'. READ MORE Judge Gabbett said: 'There might well be an excuse for these things; rooks can drive people mad or the tree may have been needed to be taken down'. Joseph Kelly, of Circular Rd, Gort, Patrick Hogan, of Cahermore, Kinvara and Donagh Hogan, of Cahermore, Kinvara, are all facing summons concerning the alleged injuring of birds and destroying eggs. All three are contesting the allegations and Judge Gabbett has adjourned the cases to October for hearing. All summons are under the Wildlife Act 1976.
Irish Daily Mirror
4 days ago
- Irish Daily Mirror
Former bride weeps in court over failure to get back 'priceless' wedding flowers
A Co Louth woman has wept in court over not being able to get back her 'priceless' and 'irreplaceable' wedding flowers from a woman who was hired to preserve and frame the flowers. At the Small Claims Court at Ennis District Court, former bride, Michelle Markey became visibly upset after telling Judge Alec Gabbett of her failed efforts to obtain the return of her wedding flowers from Co Clare woman, Charlotte Roche. Ms Markey of Oriel Rd, Collon, Co Louth told Judge Gabbett: "My priceless flowers. I gave them away - I would have kept them if I had known I would never get my wedding flowers back." Judge Gabbett said that "wedding flowers hold sentimental value, some people put them on their mother's graves". He told Ms Markey: "I get that sentimentality aspect." The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week Ms Markey told Judge Gabbett: "I gave away my - I'm sorry..." and momentarily began to cry before quickly recomposing herself. In response, Judge Gabbett said: "You are okay. It is fine. Take your time. You find the whole thing upsetting because the lack of communication is the biggest issue?" Ms Markey agreed. She said that the flowers are 'irreplaceable'. She said: "I do have evidence to show that this is not an isolated incident and reviews on a website show that this has happened to other brides." There was no appearance in court by Charlotte Roche of Laghtagoona, Corofin, Co Clare who agreed to provide the floral service to Ms Markey. Ms Markey was claiming €350 for the loss of her wedding flowers and Judge Gabbett granted her a decree of €200 for the replacement of the flowers against Ms Roche. He said: "That is the best I can do for you." Ms Markey told Judge Gabbett that she entered a service agreement on October 9, 2023 with Ms Roche when a €50 deposit was paid to Ms Roche for drying, preserving, artwork and framing of wedding day flowers. Ms Markey said that Ms Roche set up a new company, Lush Flower Art Ltd, in 2024. She said that the flowers were received by Ms Roche on November 7, 2023 and Ms Markey said that she was told that 16 weeks would be allowed for the completion of the artworks. She said that after multiple emails and texts between December 2023 and November 2024, including several requests to return the flowers, on November 23, 2024 she was informed via email by Ms Roche that she would not be progressing with the piece. She said: "I requested a return of deposit and flowers and neither was received at this time." Ms Markey said that Ms Roche cancelled the service over a review she had left on a weddings website. Ms Markey said that the deposit was returned on January 4 but no return of flowers and subsequent requests for return of flowers were ignored. Representing herself, Ms Markey told Judge Gabbett she travelled 200km to be in court in Ennis on a six-hour round trip from Co Louth "and had to organise childcare and take a day off work". After seeing that the next Small Claims case on the list was a Kerrie Horgan vs Charlotte Roche (Bradley), Judge Gabbett remarked 'Oh dear'. There was no appearance by either party in that case and Judge Gabbett adjourned that case to September. Subscribe to our newsletter for the latest news from the Irish Mirror direct to your inbox: Sign up here.
Sunday World
07-07-2025
- Sunday World
Woman who claims brother is ‘trying to get mother diagnosed with dementia' granted restraining order
The woman told the court that their mother, now in her mid-80s, owns all of the land and the house A judge has granted a woman a 200 metre exclusion order at her home against two of her brothers arising from 'some shenanigans going on over land'. At Ennis District Court, Judge Alec Gabbett has granted the woman the interim restraining order against the two after hearing evidence of an alleged minor assault carried out on the woman by one of her brothers. After viewing photos of marks from the alleged assault on the woman's phone, Judge Gabbett told her: 'You were assaulted. You were badly bruised.' The woman said that the assault arose in circumstances where her brother was trying to get their mother to get her into a nursing home to get her tested for memory. As part of her ex-parte application, when only one side is present in court, she said: 'He is trying to get her diagnosed with dementia." The woman told the court that her mother, now in her mid-80s, owns all of the land and the house. Judge Gabbett said that it was his understanding that the woman, from a rural area of Co Clare, was seeking the restraining order as there are 'some shenanigans going on regarding land'. Explaining the background, the adult daughter said her mother was recently at home in bed with a chest infection. She said that her brother came the night before to stay and he wanted to get her into a nursing home. She said: 'I knew my mother was too sick that morning." Judge Gabbett asked: 'What does he want out of all of this? Why is he trying to get her tested?' The woman said that 'he is trying to take her rights away' so she will have appointed a Decision Making Representative (DMR). The woman said: 'I think the DMR can over-ride her will.' Judge Gabbett said that this wasn't the case and said her view was an example of 'barstool lawyering'. The woman said: 'I am frightened of my brothers.' She said that she has cared for her mother for years and when her brother was trying to get her to leave the house to go to a nursing home for tests, 'he kept going on and on and trying to bully her to get up'. The woman recalled: 'I knew she was too sick and I said 'she is not going and that's it' and he grabbed hold of me and dragged me from the bedroom into another bedroom across the hallway'. Judge Gabbett said that he was putting in place a 200 metre exclusion order from the house against her two brothers and directed service by An Garda Síochána to serve the order because of the assault. Judge Gabbett adjourned the case to this Friday "where your brothers will be able to put their side of the story to the court'. He told the woman: 'You will all be here together so that might be problematic for you. Sometimes that is difficult when there is a family row. I would suggest that you have someone with you.' Judge Gabbett said that he was granting the interim restraining order due to the alleged assaultive behaviour. Civil restraining orders were introduced in the Criminal Justice (Miscellaneous Provisions) Act 2023 as a measure for people seeking protection. The District Court may issue an order to prevent the respondent from violence or threats, stalking, harassing or approaching the applicant's home, work, or school. It can run for up to five years but may be shorter. Breaking it could mean jail for up to a year and a maximum of €4,000 fine. Judge Gabbett adjourned the case to July 11th. Ennis courthouse Today's News in 90 Seconds - July 7th
Irish Daily Mirror
29-06-2025
- Politics
- Irish Daily Mirror
'Delete it' - Judge orders man off Facebook after he breaches Safety Order
A judge has told a man to delete his Facebook account after he breached a domestic violence Safety Order by posting 'Well done Louis' when congratulating a newly elected Sinn Fein TD on his ex-wife's Facebook page. At Gort District Court, Sgt Claire Henaghan said that the post caused the woman 'great distress'. In the case, the man posted 'Well done Louis' under a photo on Facebook of newly elected east Galway TD, Louis O'Hara (SF) celebrating being elected to the Dail. The man - in his early 60s - pleaded guilty on December 2 to contravening a Safety Order in place since September 2022 in that he made contact with his ex-wife by electronic means by commenting on her Facebook page belonging to her. Judge Alec Gabbett told the man: 'Come off Facebook. Delete it. Do you need to be on Facebook? Is it adding to your life? I doubt it very much.' Judge Gabbett said that in the future rather than congratulate the TD on Facebook, he should send a card. Judge Gabbett described the offence as 'a very technical breach'. He said: "This was the man waving a flag and coming a little bit close to his ex-partner for my liking.' With two previous convictions for breaching the same Safety Order, Judge Gabbett said: 'There is an underlying current here which I don't like. This must stop today." He said: 'This lady needs to be left alone. She has a five year order which speaks volumes and judges don't hand out five year orders like confetti. I rarely make five year orders." Sgt Henaghan said that it was the third time that the man had breached the Safety Order having already been convicted on two previous convictions. Sgt Henaghan said that it was very obvious 'that it was his ex wife who shared the post'. Solicitor, Colman Sherry for the man said: 'I was surprised that something like this would end up in court.' Mr Sherry said that his client had met the case in the proper fashion by pleading guilty. He said: 'He now understands that he can't do anything like this again in the future.' The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week From the body of the court, the man said it was 'a genuine mistake' stating that he had voted for the TD in the general election. Judge Gabbett said: 'I understand that these things can happen.' He said: 'Ludditery comes into it sometimes - men and women of a certain age who use Facebook may not be fully au fait with what is happening. Judge Gabbett said that he would adjourn the case for one year in order that he can monitor the man's future behaviour. He told him: 'You just have to keep your nose clean and stay out of this lady's life completely." Judge Gabbett told the man he is at risk of going to prison after three breaches of the Safety Order. The man agreed when Judge Gabbett said he had never seen the door of a prison. Judge Gabbett adjourned the case to June 25, 2026.
Irish Daily Mirror
27-06-2025
- Irish Daily Mirror
Ex-county GAA star avoids assault rap after getting 'paralytic drunk' on stag
An off-duty Garda - who has represented Roscommon at senior inter-county football level - got 'paralytic drunk' after drinking sambucas during an 'alcohol-fuelled' stag weekend before assaulting a hotel porter in Ennis, a court has heard. At Ennis District Court, Judge Alec Gabbett commented: 'It is a shame really that but for the isolated incident on a stag night where Caoileann Fitzmaurice drank sambuca he probably wouldn't be here at all." Judge Gabbett said: 'Mr Fitzmaurice had four or five drinks and all of a sudden he was paralytic drunk and he had to be brought home. Then he was confronted by this nice man (Olufegun Lawal) who was trying to direct him to the right place when the melee ensued.' Judge Gabbett said that Mr Fitzmaurice was on 'an alcohol-fuelled weekend'. In the case, Caoileann Fitzmaurice, 31, who is stationed at Pearse Street Garda Station in Dublin, pleaded guilty to assaulting Olufegun Lawal at the Queen's Hotel, Abbey Street, Ennis in Co Clare on January 21, 2023. Judge Gabbett said that he would not be imposing a conviction on Mr Fitzmaurice for the late-night assault and instead imposed the Probation Act on the man and made a compensation order for €5,000, which was handed over to Mr Lawal. Judge Gabbett said that he was not convicting Mr Fitzmaurice of the offence 'due to the exemplary fashion in which he has engaged with the Probation Services'. Judge Gabbett said that the manner in which Mr Fitzmaurice - who has no previous convictions - has met the case 'is an example to others'. He said: 'He has met the case head on, shown remorse, apologised, faced up to it and paid compensation.' He said: 'It is a very, very good probation report. Mr Fitzmaurice's own insight into the offending is excellent, which comes out in the report. Judge Gabbett said: 'He has given up alcohol, he has engaged in counselling, he is getting married, he has engaged in very pro-social activities.' The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week Judge Gabbett said that Mr Fitzmaurice 'is a very well-educated gentleman and has a qualification in criminology". He said: 'There is obviously a significant future here for him in his current job with his qualifications.' Judge Gabbett said that Mr Fitzmaurice 'is mortified' by what occurred. Judge Gabbett said: 'He has received significant publicity for this crime, which is very difficult for his family, his club mates and his colleagues." He said: 'I am very conscious of the notoriety that this case has brought him - unfortunately Mr Google will follow him around for a long time.' Judge Gabbett said that he wouldn't expect to see Mr Fitzmaurice in a court again other than in his role as a state witness. He said that it is never easy for a member of An Garda Síochána to be before the courts. Judge Gabbett said that he was conscious of the internal disciplinary proceedings within An Garda Síochána which, he said, will have to happen because it is an assault. Judge Gabbett said that the significant aspect of the disciplinary proceedings is to get Mr Fitzmaurice "off administrative duties and back to his normal duties of preventing crime'. Counsel for Mr Fitzmaurice, Cian Kelly BL, asked that the case be struck out due to the manner in which Mr Fitzmaurice has met the case. Judge Gabbett said that he didn't think it would change the outcome of the disciplinary process if the case was struck out. Mr Kelly said: 'Unfortunately having dealt with the minutiae of that disciplinary process I am very conscious that minute differences have significant ramifications in that process.' Judge Gabbett said: 'The court has come as much as it can in terms of sanction.' State Solicitor for Clare, Aisling Casey, said: 'From the very outset, the victim wanted an acknowledgement that he had done nothing wrong and the accused was apologetic to him.' Mr Lawal opted not to provide a victim impact statement to the court. On his way out of the courtroom, Mr Fitzmaurice shook hands with Mr Lawal. In the prosecution against Mr Fitzmaurice taken by the Garda Síochána Ombudsman Commission (GSOC), Sarah Jane Comerford BL previously outlined the facts in the case to the court. Ms Comerford said on January 21, 2023, Mr Fitzmaurice was off-duty on the night, was out with friends in Ennis and he was brought back to the Queen's hotel by a number of friends. Ms Comerford said: 'He was exceptionally intoxicated and in a confused state and was brought back by friends for the purpose of putting him to bed. 'But they left him in the care of hotel porter, Mr Lawal and asked Mr Lawal to bring him up to his room." Ms Comerford said: 'Unfortunately, Garda Fitzmaurice was in such an intoxicated state that he started walking around the hotel. He was very disoriented - he dropped the key to his hotel room and Mr Lawal, who was at all times trying to assist him, picked up the key and at that point, Garda Fitzmaurice struck him two times - once in the nose and once in the left eye and Mr Lawal caught the third blow. She said: 'Mr Lawal suffered a bloody nose and he did get some medical attention later that morning." 'The incident spilled out onto the street, where a witness saw Mr Fitzmaurice holding onto Mr Lawal and kicking out. The incident was also captured on CCTV footage." Mr Kelly previously said that Mr Fitzmaurice attested as a Garda in 2017 and is stationed at Pearse Street Garda station. He said that prior to the Ennis incident, Mr Fitzmaurice was a Garda on beat patrol and is currently on Garda office duties. Mr Kelly said that Mr Fitzmaurice is heavily involved in GAA, where he is captain of his local senior football team, Michael Glavey's in Roscommon.
