Latest news with #Lismore
Irish Times
6 days ago
- Irish Times
Commissioner wins Supreme Court appeal over dismissal of garda who engaged in sex act in station
The Garda Commissioner has won a Supreme Court appeal over efforts to dismiss a garda who engaged in a sexual act with a woman while on duty in a Garda station. The court overturned decisions by both the High Court and the Court of Appeal (CoA) which found the decision by the commissioner that Garda Raymond Hegarty of Lismore Garda station should either resign or be dismissed because of conduct likely to undermine public confidence in the force. Both lower courts found his suspension, pending either resignation or dismissal, was unlawful because the officer had already gone through a disciplinary process in which a recommendation that he resign was overturned and instead a reduction in wages was imposed. The commissioner brought an appeals over both the High Court and Court of Appeal decisions. READ MORE In a four-to-one majority decision on Thursday, the Supreme Court allowed the commissioner's appeal and refused the relief which had been sought by Garda Hegarty. The courts heard Garda Hegarty had admitted discreditable conduct by engaging in the act with a woman who had come into the station to give a statement relating to the arrest of her sister in March 2017. Following a Garda disciplinary process, his resignation/retirement was recommended. This was later overturned as disproportionate. The Garda Commissioner decided that, notwithstanding the finding, he was to be suspended pending his resignation as an alternative to dismissal. Garda Hegarty, in his legal challenge, claimed the decision effectively flew in the face of the determination. The commissioner denied his claims. After admitting to an internal inquiry in September 2018 to engaging in the sexual act and failing to take a statement from the woman, it was recommended he be required to retire or resign and be subject to a two-week reduction in pay over the failure to take her statement. The commissioner adopted the recommendation and told him if he failed to resign by November 16th, 2018, he would be dismissed. He appealed the decision and an appeal board which decided in January 2020 the penalty in relation to the sexual act was disproportionate and it imposed a penalty for that of a four-week reduction in pay. The two-week pay reduction previously recommended in relation to the statement breach remained unchanged. In a judgment on behalf of the majority Supreme Court, Mr Justice Brian Murray said there was nothing unconstitutional in a state of affairs where the garda was the subject of a disciplinary process and sanctioned accordingly and in which the commissioner, at the conclusion of that process, decided that he would invoke a separate statutory procedure. This, he said, was a separate procedure which enabled him for a different purpose and by reference to different criteria to dismiss the garda if his conduct was such that his continued presence as a member of the force would impair public confidence in the force. While processes under section 14.2 of the Garda Síochána Act 2005 and under the Garda Síochána (Discipline) Regulations 2007 have as an objective the assurance of public confidence in the force, the regulations envisage a disciplinary power which takes account of a range of considerations and is intended to achieve a number of objectives, he said. It was not enough for the commissioner to decide the conduct was wrongful or even disgraceful or the public might lose confidence in the force or that the public might be incensed by the conduct and demand dismissal, he said. The commissioner must take a broader view, and he must be satisfied in taking that view, that the dismissal is necessary to maintain public confidence, he said. Section 14.2 of the 2005 Act confers an extreme power to be resorted to only in the wholly exceptional situation in which the conduct is such that their continued membership of the force would undermine public confidence and the dismissal of that person is 'necessary to maintain that confidence', he said. In a dissenting judgment, Mr Justice Séamus Woulfe said the power under section 14.2 to dismiss a garda for specified conduct could not be invoked where he had already suffered a prior sanction in a prior disciplinary process based on precisely the same conduct. The commissioner may not overrule or not follow a decision of an appeal board when exercising his powers under section 14.2 insofar as the dismissal of the member would be for the very same conduct in respect of which a member had already been sanctioned, he said. 'In my opinion the alternative answers urged upon this court by the commissioner cast a dark shadow of unfairness over the overall Garda disciplinary code and are not consistent with constitutional justice,' he said.
BreakingNews.ie
6 days ago
- BreakingNews.ie
Commissioner wins court appeal over dismissal of garda who had sex in station
The Garda Commissioner has won a Supreme Court appeal over efforts to dismiss a garda who engaged in a sexual act with a woman while on duty in a garda station. The court overturned decisions by both the High Court and the Court of Appeal (CoA) which found the decision by the Commissioner that Garda Raymond Hegarty of Lismore Garda Station should either resign or be dismissed because of conduct likely to undermine public confidence in the force. Advertisement Both lower courts found his suspension, pending either resignation or dismissal, was unlawful because the officer had already gone through a disciplinary process in which a recommendation that he resign was overturned and instead a reduction in wages was imposed. The Commissioner brought an appeals over both the High Court and CoA decisions. In a 4-1 unanimous decision on Thursday, the Supreme Court allowed the Commissioner's appeal and refused the relief which had been sought by Garda Hegarty. The courts heard Garda Hegarty had admitted discreditable conduct by engaging in the act with a woman who had come into the station to give a statement relating to the arrest of her sister in March 2017. Advertisement Following a garda disciplinary process, his resignation/retirement was recommended. This was later overturned as disproportionate. The Commissioner decided that, notwithstanding the finding, he was to be suspended pending his resignation as an alternative to dismissal. Garda Hegarty, in his legal challenge, claimed decision effectively flew in the face of the determination. The Commissioner denied his claims. After admitting to an internal inquiry in September 2018 to engaging in the sexual act and failing to take a statement from the woman, it was recommended he be required to retire or resign for the sexual act matter and be subject to a two-week reduction in pay over the failure to take her statement. Advertisement The Commissioner adopted the recommendation and told him if he failed to resign by November 16th, 2018, he would be dismissed. He appealed the decision and an Appeal Board which decided in January 2020 the penalty in relation to the sexual act was disproportionate and it imposed a penalty for that of a four week reduction in pay. The two week pay reduction previously recommended in relation to the statement breach remained unchanged. In a judgment on behalf of the majority Supreme Court, Mr Justice Brian Murray said there was nothing unconstitutional in a state of affairs where the garda was the subject of a disciplinary process and sanctioned accordingly and in which the Commissioner, at the conclusion of that process, decided that he would invoke a separate statutory procedure. Advertisement This, he said, was a separate procedure which enabled him for a different purpose and by reference to different criteria to dismiss the garda if his conduct was such that his continued presence as a member of the force would impair public confidence in the force. While processes under section 14.2 of the Garda Síochána Act 2005 and under the Garda Síochána (Discipline) Regulations 2007 have as an objective the assurance of public confidence in the force, the regulations envisage a disciplinary power which takes account of a range of considerations and is intended to achieve a number of objectives, he said. It was not enough for the Commissioner to decide the conduct was wrongful or even disgraceful or the public might lose confidence in the force or that the public might be incensed by the conduct and demand dismissal, he said. The Commissioner must take a broader view, and he must be satisfied in taking that view, that the dismissal is necessary to maintain public confidence, he said. Advertisement Ireland Murderer who shot man in front of infant son did n... Read More Section 14.2 of the 2005 Act confers an extreme power to be resorted to only in the wholly exceptional situation in which the conduct is such that their continued membership of the force would undermine public confidence and the dismissal of that person is "necessary to maintain that confidence". he said. In a dissenting judgment, Mr Justice Seamus Woulfe said the power under Section 14.2 to dismiss a garda for specified conduct cannot be invoked where he has already suffered a prior sanction in a prior disciplinary process based on precisely the same conduct. The Commissioner may not overrule or not follow a decision of an Appeal Board when exercising his powers under section 14.2 insofar as the dismissal of the member would be for the very same conduct in respect of which a member had already been sanctioned, he said. "In my opinion the alternative answers urged upon this court by the Commissioner cast a dark shadow of unfairness over the overall garda disciplinary code and are not consistent with constitutional justice", he said.
The Guardian
11-07-2025
- Entertainment
- The Guardian
Australian Life photography competition 2025 finalists
Young drovers in rural Australia spend months on horseback moving cattle, far from modern distractions. Sleeping in trailers and riding 12-hour days, they face isolation, injury risks and financial loss. Many quit early, but a few, like Riley Swanson, endure the harsh, romanticised life on remote, decades-old stock routes. Photograph: Carly Earl Chris lost his home in the catastrophic floods of 2022. Due to being flood affected and the ongoing housing crisis in Lismore, he's been occupying a government buy-back house. He recently received an eviction notice, leaving him with no other options. Photograph: Elise Derwin Captured over the summer holidays, this photo shows an Australian family enjoying a picnic, with the father smoking a traditional hookah. Part of the Summer Highway series, it reflects the vibrant blend of cultural traditions and Australian beach life, where families picnic, play and connect. Photograph: Natalie Grono Max is the son I always dreamed of, perfect in my eyes, though he struggles with societal gender expectations and because of this, at just four years old, he described feeling like his body was 'broken'. Now eight, Max finds comfort with friends who accept him for who he is. Photograph: Rob Palmer My three sons in the bath, determined to still fit in there together. From the ongoing series 'Brothers', a visceral journey of childhood, navigating the emotional landscape of siblings. A journey of transformation, connection and becoming. Photograph: Camilla Johansson-Merrick I took this photo of my sister as she was moving goats around in a yard. The dust started billowing up so much so one could hardly see. Photograph: Rachael Ryan Acceptance is elusive and the very need for it is disputed by the middle way of chaos and control. Each element within this world is placed and carefully curated over months of world-building among the wind, flies and unusual sandy heat. Photograph: Dave Laslett Every Wednesday during summer, at dawn, a group of revellers who call themselves Cold Nips, gather for a dip in the Indian Ocean to start their day. The red pontoon at South Beach in Fremantle is not only a local icon but an invitation to climb, jump or dive no matter your age. Photograph: Lidia D'Opera Enter Sabio's Tasmanian world of handmade objects: fantastical, grotesque, visceral, often pulling the carpet from beneath you. Opposite sides of Sabio are captured here. In 2022, Sabio's world was upturned by aggressive cancer, a double mastectomy, chemotherapy and radiation. She rose fantastically from the ashes. Photograph: Chrissie Hall Melbourne's beloved Gasometer Hotel was a maze of graffiti-covered walls, sticky beer-stained stairways, and a dancefloor beneath a retractable roof — and for this party at least, a clothesline. When word spread the venue was closing, friends and lovers gathered for one last dance, one final night of music, memories and movement before the wrecking ball arrived. Photograph: Louis Lee On this scorcher of a day, Adelaide topped the charts as the hottest city on Earth. While the kids watched on, it was the poodle who stole the show — charging through the spray like a beast unleashed, ears flying, water everywhere. Pure joy in motion, beating the heat in true Aussie style. Photograph: Melissa Crisa I captured this frame during the crowded Ramadan Nights at Lakemba this year. It was very interesting to see how the person was focused completely preparing the dish. Light and smoke was apt, even in the crowd I was lucky to get a glimpse of it and captured the frame. Photograph: Prasad Gaanesh Louie and Max met for the first time minutes before this image was taken. In between changing film rolls, the boys compared scars and spoke about masculinity. Photograph: Robert Tennent From a series entitled The Community Cup that documents the 2024 Louth Cup, the largest outback race in NSW. It features the official volunteer timers as the horses cross the line during one of the seven races in the program. The whole event is almost entirely volunteer-run. Photograph: Joe Kennedy In the midst of an Australian heatwave, 27 year-old Jarryd couldn't help but to cool off. So what better way to do so than to crack a cold one... all over himself. While unconventional and messy, it serves as a satisfying reward after a hard day's work. Photograph: Brooke Rochow Late in 2024, I picked up an old digital camera with a CCD sensor to see what the hype was about. A few weeks later, while my partner Fiona was making coffee, I casually snapped this photo from the couch. I didn't think much of it—until a month later, when looking for a submission for Australian Life, I realised how much it captured. This image distils the best parts of my life in Sydney – moments that have become my fondest memories. Photograph: Jourdain Vitiello Alice's eight-year-old daughter, Frieda, is one of thousands of children in Australia experiencing 'school can't' – difficulty attending school due to emotional distress, sometimes linked to neurodiversity. 'It's a really lonely and confusing and shameful world because you assume that you are the problem,' the Sydney mum said. This image was taken as part of a 2024 ABC Four Corners investigation, in collaboration with filmmaker Sascha Ettinger-Epstein. Photograph: Mridula Amin Self portrait of my son and I, after another lonely sleepless night. Sleep deprivation can be so crippling. And with bed-sharing the only thing that brought reprieve, shame was often an emotion that was felt, due to social pressures and expectations on how to be a good mum. Photograph: Grace Alexander
BreakingNews.ie
06-07-2025
- General
- BreakingNews.ie
Funerals in the Diocese of Waterford and Lismore to no longer be held on Sundays
Funeral Masses in the Diocese of Waterford and Lismore are no longer to be held on Sundays. Bishop Alphonsus Cullinan has issued a letter to all parishes detailing new guidelines due to the growing difficulty in managing the pastoral and liturgical demands of Sunday funerals. Advertisement This decision follows a recent meeting of the Senate of Priests, where clergy voiced their concerns. The main reasons cited for the change are the impact on regular Sunday Mass-goers, who may feel a funeral is being added to or overshadowing the normal liturgy. The difficulty of giving a homily that appropriately reflects both the Sunday readings and the funeral context. Overcrowding in churches and the risk of a family's bereavement being diminished within the larger Sunday celebration. The added strain on clergy already committed to multiple Sunday Masses and other sacraments and the current shortage of priests in the diocese. There were 1,176 funerals held by the Diocese last year and this underscores "the significant workload borne by parish clergy—particularly over weekends when Sunday Masses, baptisms, and other responsibilities are already scheduled,' according to the Bishop's letter. Bishop Cullinan noted that many parishes have already adopted a policy of not scheduling Sunday funerals. He expresses his hope that the faithful will "understand the pastoral and practical reasons behind this new diocesan norm.' However, Bishop Cullinan outlined that in "exceptional pastoral circumstances," such as cemetery closures, flexibility around funerals may be needed.
ABC News
02-07-2025
- Business
- ABC News
AI already affecting entry level jobs
Isabella Higgins: Artificial intelligence is reshaping careers with the disruptive technology leaving its mark on entry-level jobs. National Work reporter Bronwyn Herbert. Bronwyn Herbert: Solicitor Kelly Waring isn't shy about the benefits of using artificial intelligence to be more productive at work. Kelly Waring: This is a case of not whether we want to fight it or not, it's a matter of evolve or die. Bronwyn Herbert: The 36-year-old principal director of a Lismore-based law practice introduced an AI program to the team's workplace 12 months ago. It keeps an eye on client costs, clerical tasks as well as fast-tracking complex case summaries. Kelly Waring: Senior associates, directors all the way through to receptionists and intake staff are using this tool to assist them to do these deep dives into the matter and look for very specific pieces of information. Bronwyn Herbert: New research has found that tasks where young lawyers traditionally cut their teeth are predicted to be significantly disrupted by digital automation and female graduates will suffer the most. Mariah Foley from the University of Sydney Business School has led the research. Mariah Foley: Women make up the majority of legal graduates today but they're concentrated in areas that are most vulnerable to automation. So contracts, conveyancing, due diligence, discovery. And these are the roles that are being kind of transformed or hollowed out by digitalisation, automation, AI. Bronwyn Herbert: Recent research from the United States points to a rising unemployment rate amongst university graduates due in part to artificial intelligence displacing traditional grad roles. Michael Legg is the director of the Centre for the Future of the Legal Profession and says technology will have an impact. Michael Legg: You can't sort of sit still and just sort of think, oh, it's not going to have an impact on me because I've got a law degree. You've got to be able to offer the sort of interpersonal skills. The lawyer needs to be able to bring to the table this concept of practical wisdom. Bronwyn Herbert: Stella Hayes is a fourth year Griffith University law student and is already seeing how deeply AI is embedded in her part-time legal job. Stella Hayes : It's an awesome tool that you can use for administrative tasks, for preliminary research. It's just such a new concept that I think people haven't really grappled the technology and where it can go to. Bronwyn Herbert: But not a job apocalypse? Stella Hayes : No, I wouldn't. no. Not yet. That's what I'll say, not yet. Stella Hayes : Law student Stella Hayes ending that report by Bronwyn Herbert.
