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Court Rejects Appeal By Patrick Quirke On His Conviction For Murder Of DJ Mr Moonlight.

A seven-judge court has unanimously decided to reject the appeal by Mr Patrick Quirke, on his earlier conviction for the June 3rd, 2011, murder of Mr Bobby Ryan, (Latter alleged love rival known as DJ “Mr Moonlight”). The seven-judge court unanimously decided to dismiss the appeal. Mr Quirke, aged 53 years had pleaded not guilty to the murder of Mr Ryan, however he had been convicted by a 10 to 2 jury verdict, following his 13-week trial period.

Just last May, 2023, the court heard submissions from lawyers representing both Mr Quirke and the Director of Public Prosecutions (DPP), regarding an earlier finding that a computer seized from his home had been unlawfully searched.

Lawyers for Mr Quirke had previously urged the court to direct a retrial for the charge of murder of Mr Ryan. The DPP argued the computer evidence was admissible despite the Supreme Court’s finding. The Supreme Court had ruled last March that Gardaí had unlawfully searched the contents of the computer, latter seized from the home of Mr Quirke.

The court had ruled that a physical analysis of a digital device was permitted, but its use as a portal into the digital world was a more significant intrusion into privacy rights and such an intention should have been raised in the warrant application, so that the digital search could be judicially authorised.

The seven-judge court unanimously decided to dismiss the appeal by Mr Quirke, thus rejecting the Tipperary farmer’s application for a retrial, having found a mistake in the warrant application for a search at the Quirke homestead, was due simply to an honest oversight.

Government Approves Appointment Of Dr Jane Mulcahy To Policing Authority.

Dr. Jane Mulcahy

The Government has appointed Dr. Jane Mulcahy to the Policing Authority following an open State Boards selection competition, conducted by the Public Appointments Service.

Dr. Mulcahy has worked as a researcher in the area of criminal justice, penal policy and social justice since 2005 and is currently employed as a Research Fellow with the Research Evidence into the Policy, Programmes and Practice (REPPP) team at the University of Limerick.

Dr. Mulcahy is the project manager of a pilot project seeking to reduce children’s involvement in criminal networks and provide them with positive social opportunities.

Minister for Justice Mrs Helen McEntee said: “I welcome the appointment of Dr. Mulcahy to the Policing Authority and wish her every success in her new role. She brings with her a wealth of knowledge and experience in criminal justice, penal policy and social justice and will bring a valuable perspective to the important work of the Authority.”

The appointment of Dr. Mulcahy fills the vacancy on the Authority which arose following the resignation of Ms Shalom Binchy in May of this year (2023).

Dr. Mulcahy has been appointed for the period until March 8th, 2024 (expiry term date of the recently resigned member, Ms Shalom Binchy) or upon the dissolution of the Authority following the enactment of the Policing, Security and Community Safety Bill, whichever is the sooner.

The Bill, which completed Report and Final Stage in the Dáil and will go to the Seanad in the Autumn, will provide for a new governance and oversight framework for policing, as recommended by the Commission on the Future of Policing.

This will result in the dissolution of the Policing Authority and will provide for the establishment of a new independent oversight body replacing the Policing Authority and the Garda Síochána Inspectorate. The new body will encompass the functions of both the Authority and the Garda Síochána Inspectorate as well as a range of community safety-related functions.

Man Found In Possession Of Imitation Firearm To Appear In Nenagh Court Today.

A man, understood to be in his 20’s, is due in appear court this morning, charged in connection with the possession of an imitation firearm in a “public place”, and on a train in Co Tipperary.

The man was arrested after he was searched by gardaí and plain clothes officers on the train close to Templemore railway station on Friday evening last.

He was questioned at a Garda Station in Co. Tipperary and has since been charged to appear before Nenagh District Court this morning.

The Criminal Justice (Miscellaneous Provisions) Act 2009 provides for, where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him or her), has a realistic imitation firearm with him or her in any “public place”, that person shall be guilty of an offence.

A person guilty of an offence under this section shall be liable as follows:
(1) On summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both.
(2) On conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
(3) In this section “public place” includes any train, vessel or vehicle used for the carriage of persons for reward, any highway and any other premises or place including any club premises.

Thurles Resident Accused Of Assault On Cork Taxi Driver Served With Book Of Evidence.

Mr Mark Beresford, aged 29 years, with an address at No. 41 Gortataggart, Thurles, Co. Tipperary has been served with a book of evidence, by Garda Daniel Murray.

Mr Beresford stands accused of fracturing the cheek of 52-year-old Cork taxi driver, latter named as Cork resident, Mr Willy Lufuluabo, more than two years ago, on May 1st, 2021, at Curraheen Road, Bishopstown, Co. Cork.

The taxi driver had reportedly picked up the accused at Co. Cork’s Kent Station, Lower Glanmire Road, Cork, before driving, as directed, to Mitchelstown. Close to Mitchelstown the driver was asked to return to Curraheen Road, Bishopstown, a distance of some 59km from where initially directed. Here the driver was asked to stop and the alleged assault was carried out. The taxi driver was punched several times in the face, with the assailant stating that this was not where they had asked him to go and that he, the assailant, now wanted to be brought to Thurles, Co. Tipperary, a distance of some 123km from Bishopstown.

On the application of Sergeant Pat Lyons, Mr Justice Olann Kelleher sent the case forward from Cork District Court to the next sessions of Cork Circuit Criminal Court, commencing on October 23rd next.

Initially, having read the medical report on the taxi driver’s injuries, Mr Justice Colm Roberts had previously refused to accept jurisdiction; stating the case was too serious and was a matter for trial by Judge and Jury.

Man Arrested In Templemore Railway Station, Found In Possession Of Imitation Firearm.

A man, understood to be aged aged in his 20s, was taken into Garda custody in Co Tipperary yesterday, after he was found to be in possession of what is now believed to be an imitation firearm, observed on the Dublin to Cork train near Thurles.

Gardaí were alerted and responded to the incident on the train at Templemore Railway Station in Tipperary at 6:50pm on Friday evening last.

Reports suggest that the male had been observed on the train with a firearm. Local uniform and plainclothes Gardaí initially attended the scene, assisted by the Armed Regional Support Unit. The male was quickly identified and searched by Gardaí, who found the man to be in possession of what is now believed to be an imitation firearm, subject to a proper technical examination.

The man was arrested for questioning in connection with the incident, under Section 30 of the Offences Against the State Act 1939. Further investigations are now continuing.

It should be noted that here in Ireland, where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him or her), has a realistic imitation firearm with him or her in any public place, that person shall be guilty of an offence.