Crime « Thurles Information

Eight Men Appear In Thurles District Court Accused Of Serious Assault.

Eight men, including two brothers, have appeared in Thurles District Court today, with each of the accused men charged with violent disorder, while one of the eight is further charged with assault causing serious harm.

The assault followed an incident in Upperchurch, Thurles, Co. Tipperary on the night of June 27th, 2021, which led to a 19-year-old man, named as Mr Ross Whelan, receiving serious injuries, which resulted in the victim being rushed to Cork University Hospital.

The accused youths, several of whom were accompanied to court, by family members, were all remanded on bail after being charged.

The accused are named as apprentice Mr Aaron Breen, aged 20, of Freaghduff, Cashel; student Mr Brian O’Dwyer, aged 19, of Price’s-Lot, Cashel; apprentice carpenter Mr Sean Ryan, aged 19, of Beech View in the Commons; Mr Joseph Burke, aged 18 and his brother Mr Patrick Burke, aged 19, of Roskeen, Drombane; apprentice electrician Mr Joseph O’Donoghue, aged 20, of Drombane Cross, Mr Aidan Slattery, aged 20 of Ballycahill, Thurles, Co. Tipperary, and Mr AJ Shanahan, aged 20, latter with an address in Seskin, Thurles, Co. Tipperary.

Above named Mr Patrick Burke also stands accused of the additional offence of assault causing serious harm to a named individual at the same location and on the same date.

Additional bail conditions were added for each of the accused including that those with addresses in Cashel will have no contact directly with their co-accused living outside the Cashel area, as well as remaining away from the Upperchurch area.

Judge Ms Elizabeth McGrath, informed each of the men of their bail conditions, before they entered their own bond of €500.

Each of the defendants have been ordered to appear before Thurles District Court again on September 17th next, for service of the books of evidence, which Gardaí confirm contains some five volumes of material in the case.

Stalking & Non-Fatal Strangulation Made Stand-Alone Offences.

Minister Helen McEntee to make stalking and non-fatal strangulation, stand-alone offences

Changes aim to create greater awareness and reporting of stalking offences.
Court orders restraining stalking behaviours without a criminal prosecution to be introduced.
Research shows non-fatal strangulation can be an indication of future, lethal violence.

The Minister for Justice Mrs Helen McEntee TD has secured Government approval to draft legislation to make stalking and non-fatal strangulation stand-alone offences.

The introduction of these new offences of stalking and non-fatal strangulation form part of the Government’s zero tolerance approach to domestic, sexual and gender based violence, and will be key actions in the Third National Strategy, latter which is currently being finalised by the Minister.

While both stalking and non-fatal strangulation are already crimes, the Minister is proposing a number of changes to make the law in this area clearer and stronger.

These new provisions, which will be included in the Criminal Justice (Miscellaneous Provisions) Bill, will:

Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence.
Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution.
Strengthen procedural protections for alleged victims of stalking during the court process.
Introduce a standalone offence of non-fatal strangulation

Stalking

On the creation of a standalone offence of stalking, Minister McEntee stated, “Stalking is an extremely serious and intrusive crime that can cause devastating psychological distress.

It may also be a precursor to acts of physical violence. Evidence suggests that having a specific offence leads to greater public awareness and to an increase in the number of cases being reported and prosecuted.

I have been struck by the bravery of campaigners sharing their experiences publicly. I have met and worked with Eve McDowell and Una Ring, the founders of Stalking Ireland, whose bravery in both recounting their personal stories and campaigning tirelessly for action to be taken on stalking has been extraordinary.

I also want to acknowledge the work of my colleague, Senator Lisa Chambers in advocating on behalf of victims of these crimes and bringing forward her own Private Member’s Bill. We are all united in our desire to tackle these serious and sinister crimes, to reduce their prevalence and prevent more serious acts of violence, for which stalking and non-fatal strangulation can be precursors of, from happening.

It is important to say that while these changes will improve the law, stalking is already a crime under the existing harassment offence. I encourage victims of stalking to report it. It can be, and it is prosecuted. Offences carry a potential sentence of up to 10 years. Perpetrators should not imagine they can act with impunity.”

The new stalking offence covers any conduct that either puts the victim in fear of violence or causes the victim serious alarm and distress that has a substantial adverse impact on their usual day-to-day activities.
A wide list of possible acts is included – such as following, communicating, impersonating, interfering with property or pets etc. However, this list is not exhaustive.

The offence can be committed by a single act – it does not need to be persistent or repeated. It also covers situations where the person finds out about some or all of the stalking acts afterwards.

In sentencing, a court must consider as an aggravating factor and increase the sentence if the person has previously been convicted of offences against the victim, such as making threats to kill.

In addition, it is proposed that a court may make an order restraining stalking behaviours separately from a criminal prosecution.

These orders would require a lower burden of proof, and can be applied for by the affected person themselves, or by the Gardaí on their behalf. They can be made against any person. This will allow victims faster access to the courts to ensure they are safe and they feel safe.

Breach of an order would be, in itself, a criminal offence carrying a maximum of one year imprisonment. It may also be a basis for a criminal prosecution for a stalking or harassment offence.

The revised harassment offence is expanded to cover any persistent conduct – not just following, watching etc – causing a serious interference with peace and privacy, or alarm, distress or harm.

Non-fatal strangulation

The proposals on non-fatal strangulation will ensure assaults involving strangulation or choking can be prosecuted as a serious offence, even if there are no observable injuries.

Two new offences will be created.

The first provides that where an assault involves strangulation it has, without any other harm being shown, the same penalties as an assault causing harm offence – which currently carries a maximum penalty of five years imprisonment.

The second offence provides that where the strangulation caused serious harm, the maximum penalty is life imprisonment. This is similar to the existing offence of causing serious harm.

Minister McEntee added, “We know that non-fatal strangulation can be an indication of future, lethal violence and is a risk factor for homicides against women in the home.
“Strangulation is highly prevalent in domestic abuse and frequently used as a tool of coercion, often accompanied by threats to kill.

While choking and strangling are already illegal, it is hoped that creating this new offence will encourage victims to come forward and report what has happened to them.”

Research suggests that a history of strangulation presents a seven fold increase in the risk of death. Internationally, strangulation is the second-most common method of killing in adult female homicides, after stabbing.

Research also highlights that non-fatal strangulation is frequently used as a tool of coercion, often accompanied by threats to kill.

The long-term physical and mental health effects of strangulation are also serious. Studies report that even where there is little to no visible injury, longer-term physical effects have been identified including internal bleeding, dizziness, loss of memory and other neurological effects. There is also an increased risk of miscarriage. Psychological outcomes identified include depression, anxiety, suicidality, PTSD and dissociation.

The under-charging of strangulation and asphyxiation has been identified in several jurisdictions, including the United States, the United Kingdom, Australia and New Zealand.

The lack of observable injuries means that the offender’s conduct may be minimised, and may be charged as a less serious form of assault.

Official Opening Of New “Horses of Hope” Equine Centre At Castlerea Prison.

Minister for Justice Helen McEntee officially opens the new “Horses of Hope” Equine Centre at Castlerea Prison, Co. Roscommon.

Prisoners can now train in horse husbandry, developing skills for employment in the horse industry post release.
Innovative partnership between Irish Prison Service and Horse Racing Industry.
New and progressive rehabilitative and educational addition to Irish Prison Estate.

Minister for Justice, Mrs Helen McEntee TD, has today officially opened the new “Horses of Hope” Equine Centre at Castlerea Prison.

The new equine centre has been developed on grounds adjacent to Castlerea Prison and has introduced a new innovative prisoner programme, where prisoners can learn practical skills that will assist in securing employment in the equine industry, post release.

The development of the equine centre is the result of an innovative partnership project, spearheaded by Mr Jonathan Irwin, between the horse racing industry and the Irish Prison Service. Many years ago, Mr Irwin witnessed first-hand an equine correctional programme in the USA, which is premised on the natural affinity between a human and a horse. Evidence from equine programmes internationally demonstrates that people in custody can learn practical skills that can be leveraged for future employment opportunities, foster responsibility and build confidence and self-belief while also developing compassion through the care of animals.

Speaking about the new equine facility Minster McEntee stated, “I am delighted to be here today to officially open this new equine facility, “Horses of Hope” on the grounds of Castlerea Prison. This is a truly innovative and a progressive addition to the prison estate, which will enhance the rehabilitative and employment options for all those who work and train here in the years to come.”

The Minister acknowledged the contribution of the equine industry to the project and said they had an important part to play in the rehabilitation of the prisoners involved, noting that the work to prevent reoffending does not stop at a prison gate on release.

The “Horses of Hope” Equine Unit at Castlerea is a single structure ‘American Stable’ which was complete in early 2020 and includes the following:

Single stables for 10 horses with integrated Tack Room, Fodder Storage and General Storage, all to have standard level of fit out i.e. instable water, adequate lighting etc.
One Exercise Arena approx. 40 x40 metres sand based cover in wood chip and associated stud fencing.
Staff and prisoner facilities with canteen, toilets, changing rooms, showers etc.
Large concrete apron for horse boxes to have adequate turning circles etc.
Suitable sewage storage and run off from stable and for mucking out stables.
Medium level secure perimeter fence with CCTV coverage from Prisons Control room, with intruder alarm.
Adequate outside lighting and ancillary services.

While the Centre is located in Castlerea Prison, it is expected prisoners who have engaged positively with constructive activities and are of good behaviour will be considered for AM/PM Temporary Release (TR) to attend the facility under the supervision of a Work Training Officer.

The Minister added; “Finding and securing meaningful and purposeful work and activity after release from prison is absolutely essential to give people real hope. It gives people the opportunity to have a different, better life for themselves and their families upon release.

This is why this programme, which provides a real pathway to employment and opportunities for the future, is so important.

As Minister for Justice I am committed to preventing and reducing reoffending in our communities, but also helping to divert offenders away from a life of crime. Rehabilitation, training and education for those who are in prison is key to that.”

Also speaking at the event on behalf of the equestrian industry Mr Robert Hall said, “I’m so proud that as global leaders on the racecourse and within all equine activities, Ireland should embrace this hugely exciting project.

This will help broaden our prowess across the full spectrum. With a syllabus that includes every aspect of responsible horse ownership we can help to reduce reoffending, while also educating a potential workforce. It also offers a valuable additional purpose for suitable horses and ponies. Indeed, Castlerea can become a worldwide role model.”

Two Men Charged With Cashel Resident, In Murder Of Noel Kirwan.

Today, Mr Declan Brady aged 56 years, with an address at “The Dairy”, Rathasker Road, Naas, Co Kildare, and Mr Martin Aylmer aged 36 years, a resident of Casino Park, Marino, Dublin 3, were charged before the Special Criminal Court with helping a criminal gang murder father-of-four Mr Christopher (Noel ‘Duck Egg’) Kirwan, over five years ago.

Readers will remember Mr Christopher Kirwan, aged 62 years was shot six times as he sat in his car on December 22nd, 2016, at St. Ronan’s Drive, Clondalkin, Dublin 22.

Previously on Monday last, Mr Michael Crotty aged 40 years, a resident at Slí Aonghusa, Aras na Rí, Cashel, Co Tipperary, was charged with involvement in this same murder, contrary to Section 72 of the Criminal justice Act.

Today, both Mr Aylmer and Mr Brady and were in court, when similar charges were read out. The court was also informed that Mr Aylmer had been charged by Gardaí prior to his appearance in today’s court.

All three men will be tried before the Special Criminal Court, after the Director of Public Prosecutions deemed the normal courts inadequate to secure the effective administration of justice, under the Offences Against the State Act.

Both men charged today were also remanded in custody by Mr Justice Owens, until May 23rd next.

Justice Sector Programme Of Commemorative Events Launched For 2022-2024.

Minister McEntee launches justice sector programme of commemorative events for 2022-2024 as part of the Decade of Centenaries’ Programme.

The year 2022 marks centenary of establishment of An Garda Síochána, occupation of Four Courts and enactment of Irish Free State constitution.
‘Justice in Ireland 1822-2022’ symposium to take place on 22nd November this year.
Programme outlines range of commemorative initiatives and events taking place across the justice sector over the coming years as part of the Decade of Centenaries Programme.

The Minister for Justice, Mrs Helen McEntee TD, has today launched the justice sector programme of commemorative events for 2022-2024, as part of the Decade of Centenaries Programme.

The Minister stated: “Over the past decade, we have collectively reflected on many of the formative events in the history of our State as part of the Decade of Centenaries. The period which we are now considering saw the foundation of the State and the establishment, or, in some cases, the handing over of many of the institutions and administrative pillars which have served us since then.

Central to this was the justice sector. Indeed, 1922 was a particularly significant year. It saw the foundation of our national police service, An Garda Síochána. It was also, of course, a year which tragically saw the advent of the Civil War and this was reflected in the occupation of the Four Courts, and with it the destruction of the Public Records Office.

Both 1922 and the years that followed saw many developments and transitions, including the end to the revolutionary Dáil Courts regime and the establishment of the Courts system of the new State. These were tumultuous years as the new State came into being. Both the Department of Justice, its forerunner, the Department of Home Affairs, and the various other parts of the justice sector were central to that time and that work.

I hope that the Decade of Centenaries Justice Sector Programme 2022-24 will capture some of the importance of this work, and help bring some new insights and understanding to those years. This must be an open and honest discussion, and throughout we will attempt to consider all aspects of our history – those that are well known, and those which may not have received enough discussion in the past.

I would encourage all those with an interest in these events to join us in that spirit and participate.”

An Garda Síochána and the Courts Service are leading comprehensive programmes of events over the course of this year, to mark the key events of the establishment of An Garda Síochána, the occupation of the Four Courts and the impact which this had on the operation of the Courts at the time, and the development and enactment of the Constitution of the Irish Free State. Details of these events are available in the programme.

A justice sector symposium, titled Justice in Ireland 1822-2022, will take place in the Printworks of Dublin Castle in partnership with an academic institution, on November 22nd.
Falling on the 200th anniversary of the establishment of the County Constabulary and the 100th anniversary of the establishment of An Garda Síochána, the symposium will provide an opportunity for a consideration by academics and practitioners of the development of both policing and justice institutions more broadly over that time, including the evolution of the prison and probation services. Further details will be announced over the coming weeks.

The Decade of Centenaries Programme provides a critical opportunity to focus on the development of access to historical records and primary sources from this key period. To this end, the Department intends to commence a number of projects to provide access to records from the early decades of the State. This will include the cataloguing of early 20th century departmental files for release to the National Archives and the commissioning of a written history of the first fifty years of the Department.

In addition to those being announced today, the programme of events and initiatives will continue to develop over the life of the programme. Additions will be announced by the Department or relevant agency via their traditional and online channels.

The Minister concluded: “I would like to thank Dr. Maurice Manning, Chair of the Expert Advisory Group on Centenary Commemorations and the Group, for the guidance in developing this programme of events and initiatives. I also want to thank theJustice Sector agencies for engaging with my Department to produce a diverse range of sectoral commemorations and to congratulate An Garda Síochána and the Courts Service on their commemorative programmes for this year.
I would encourage members of the public to participate in the Justice Sector commemorations over the coming years and hope that they will find the programme informative and enjoyable in equal measure.”

The programme can be accessed via portable document format (pdf) from the Department of Justice website from HERE.