Latest news with #JudgeGabbett
BreakingNews.ie
29-06-2025
- Politics
- BreakingNews.ie
Judge tells man to delete Facebook after he breaches safety order by posting on ex-wife's page
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 Féin TD on his ex-wife's Facebook page. At Gort District Court, Sgt Claire Henaghan said that the post caused the woman 'great distress'. Advertisement 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 Dáil. The man - in his early 60s - pleaded guilty on December 2nd 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. Advertisement 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." This lady needs to be left alone. 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. Advertisement 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.' 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. Advertisement Judge Gabbett said: 'I understand that these things can happen.' 'Ludditery' 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 25th, 2026.
BreakingNews.ie
04-06-2025
- General
- BreakingNews.ie
Judge wishes Leaving Cert student accused of dangerous driving 'best of luck' in his exams
A judge commented "mother of God tonight" in court after an 18-year-old school student accused of dangerous driving told him that he was due to start his Leaving Certificate exams today. Twenty-four hours ahead of sitting his first paper in his Leaving Cert exams on Wednesday morning, teenager Renat Rotari appeared at Killaloe District Court sitting in Ennis on Tuesday concerning the dangerous driving accusation. Advertisement Mr Rotari, of The Haven, Millersbrook, Co Tipperary, is accused of dangerous driving on the R494 Cullina, Ballina, Co Tipperary, on May 21st, 2025, contrary to Section 53(1) of the Road Traffic Act. Those convicted of dangerous driving face an automatic two-year driving ban. After hearing an outline of the facts against Mr Rotari, Judge Gabbett said Mr Rotari was 'a good candidate for the Garda Life-Saver Programme'. The judge asked the teenager: 'What do you do? What are you working as?' Advertisement In reply, Mr Rotari – who turns 19 in December – said: 'I'm in school.' Judge Gabbett said: 'You're in school?' Mr Rotari said: 'I'm sitting the Leaving Cert tomorrow.' In reply, Judge Gabbett said: 'Mother of God tonight.' The judge then wished the teenager the "best of luck" in his exams. Mr Rotari thanked him, and Judge Gabbett told Mr Rotari to "slow down". The judge said he would adjourn the case to July 1st to Killaloe District Court sitting in Ennis for Mr Rotari to either enter a plea of guilty or confirm that he is to contest the case against him. Ireland Leaving Cert begins with record 140,000 students t... Read More Mr Rotari said he was working part-time. Earlier, Sgt Frank O'Grady gave a brief outline of the State facts against Mr Rotari. He said that on May 21st, gardaí observed an Audi A4 driving at speed over the Killaloe/Ballina bridge. He said there was one vehicle between the suspect vehicle and gardaí. He said all vehicles went in the direction of Ballina and when the middle vehicle turned into an estate, the Audi A4 took off at speed which gardaí believed to be an attempt to evade.
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.
