Law - Thurles Information

A Further Two Arrests Made Following Fatal Assault In West Tipperary.

Gardaí currently investigating the fatal assault of a man, which occurred on December 27th last in Co. Tipperary, have made two further arrests.
The body of the polish man, aged 32 years, and named as Mr Maciej Nowak, was located at a rented house in Ballycrana, Kilross, Co. Tipperary.

We understand that two men, both aged in their 30s, were arrested on Monday evening last, in the Dublin area, as part of continuing Garda investigations

Both men are being currently detained under section 30 of the Offences against the State Act, 1939 at a Garda Station in County Tipperary.

Another man has already ben brought before Nenagh court, on Wednesday, January 3rd, last charged with assault causing harm to Mr Nowak.

Garda Investigations are continuing.

Department Of Justice Condemns Criminal Acts Of Arson.

Minister for Justice Mrs Helen McEntee TD, has in recent days, strongly condemned criminal acts of arson.

The Minister stated, “People need to understand these are very serious crimes which carry heavy prison sentences and those who have carried them out will be brought to justice.
I have been in regular contact with the Garda Commissioner and I have reassured him that any resources required will be made available to him. Meanwhile, An Garda Síochána is doing everything possible to investigate these recent acts of arson. I understand they are making good progress in their investigations and I encourage anyone with any information in relation to any of these incidents to contact them”.

Mrs McEntee continued, “I also ask anyone with information either on past incidents or about possible upcoming threats to contact their local Gardaí. It is clear that a group of people in society are intent on sowing division and fear through intimidation. I repeat that there can never be justification for such acts, regardless of circumstances or alleged motivation.
An Garda Síochána and IPAS continue to work closely together to ensure effective policing plans are in place wherever there is an identified operational need.
Where accommodation centres are being established, IPAS notifies and engages with local communities through their Community Engagement Team in advance.
Gardaí are continually monitoring emerging threats, including monitoring social media activity, and stepping up policing responses as necessary”.

“Both my Department and I are fully committed to the fight against racism and bigotry and strongly condemn the actions of those who abuse and attack others because of their own prejudices. Ireland is a diverse and tolerant country, and such behaviour is not acceptable”, she concluded.

Review Of Enforcement Of Child Maintenance Orders Now Published.

Review’s 26 recommendations include developing child maintenance guidelines, strengthening attachment of earnings orders and introducing additional enforcement mechanisms
Minister for Justice signals intention to move swiftly to implementation and also welcomes co-operation of Government colleague Minister Humphreys
Notes that publication fulfils a key action within the Government’s Family Justice Strategy goal of ‘supporting children’.

The Review of the Enforcement of Child Maintenance Orders has been published today.
Carried out to examine how the current system can be improved, this published review, now contains 26 recommendations, spanning three different approaches; those of consensus, compliance and deterrence.

Commenting on its publication, Minister for Justice Mrs Helen McEntee, TD said: “Non-payment of child maintenance is a common problem and the current enforcement options available are limited in scope and impact.
This is clearly unacceptable, given the critical source of income which it can represent. That is why, working with Minister Humphreys, I am determined to take action in this area to ensure that every child is properly supported.”

Referring to the content of the review, she continued: “These recommendations are designed to deliver maximum compliance with child maintenance orders, and that is why I intend to commence the implementation process immediately. That will involve establishing an interdepartmental group to develop a set of child maintenance guidelines and I will do that without delay.
At a later point, I will seek government approval for other recommendations which will require legislative change to ensure I do everything I can to ensure security and stability for children.
My colleague Minister Humphreys is also looking at what actions she can take and I welcome her intention to bring forward measures in the near future which will also help alleviate the risk of poverty for families in this situation.”

Minister Humphreys added: “I very much welcome these steps taken by Minister McEntee, which are designed to make our Child Maintenance System fairer and more effective. Child maintenance payments are essential in ensuring security and stability for children and protecting the welfare of families.
My own Department of Social Protection plays a key role in this regard and very shortly I will be announcing the legislative measures I am introducing to decouple social welfare from our Child Maintenance System, in line with the recommendations of the Child Maintenance Review Group”.

The key recommendations of the review include:

Development of a set of child maintenance guidelines.
Strengthening attachment of earnings orders and exploring the possibility of attaching an order to a PPS number rather than employing entities, so that orders do not lapse when there is a change in employer.
Introduction of a single enforcement procedure when the receiving parent makes an enforcement application, allowing the judge to choose the most appropriate enforcement option based on the circumstances of the case.
Simplification of the bench warrant process.
Placing the onus on paying parents to pay costs associated with enforcement proceedings.
Allowing deductions from the paying parent’s bank accounts, from government grants and subsidies and the recovery of arrears from tax refunds.

Making the point that the review has its place in the Family Justice Strategy 2022-2025 – that of ‘supporting children’, Minister McEntee continued: “I am aware that many parents make private child maintenance arrangements. However, there will always be circumstances in which private arrangements either break down or are not possible.
In these circumstances, the courts are tasked with safeguarding the financial welfare of children and it is my firm intention that this review, along with the changes being progressed through the Family Justice Strategy will lead to a family justice system that is effective, efficient and that provides real justice.”

A copy of the Review of the Enforcement of Child Maintenance Orders can be accessed HERE.

Male Sustains Gunshot Wound At Tipperary Sports Venue.

A man has sustained a gunshot wound to the arm following an incident at a sports venue in Rural Co. Tipperary.

The incident happened shortly after 9:00pm during a soccer match, being held under floodlights, near the village of Rear Cross in Co Tipperary.

Gardaí have confirmed that the as yet unnamed victim locally was treated at the scene by emergency services personnel, before being taken by ambulance to University Hospital Limerick (UHL) for the further assessment of his gunshot wound. We understand that his injury is not life-threatening.

Investigating Gardaí are now appealing for witnesses and have preserved the scene for further forensic and technical examination.

It is thought that the shooting may have been accidental and to this end, Gardai are particularly anxious to confirm if any individual may have been hunting in the area at the time and have invited such person or persons to make themselves known.

Any person with further information are requested to contact Nenagh Garda Station, Tel: 067-50450 or the Garda Confidential Line on Tel: 1800 666 111 or indeed any Garda Station.

Thurles Born Circuit Court Judge Gerard O’Brien Resigns.

Circuit Court Judge Mr Gerard O’Brien has resigned from his post as Circuit Court Judge.

The 59-year-old native of Thurles, Co Tipperary was convicted last month of the sexual assault of six young men, latter who were students at the school where he was a teacher.

Mr O’Brien was aged in his 30s at the time, while the six complainants were aged between 17 and 24 years. Mr O’Brien is expected to be sentenced on March 4th 2024.

In a statement, the Minister for Justice, Mrs Helen McEntee T.D., has confirmed that Circuit Court Judge Mr Gerard O’Brien conveyed his resignation today, effective from January 5th 2024.

His resignation has been conveyed to the President in accordance with the requirements of section 6 (2) of the Courts (Establishment and Constitution) Act 1961.

The Minister will be making no further comment on this matter prior to the court finalising the case by sentencing, which is adjourned, as stated, to March 4th 2024.