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A resident of Thurles, Co. Tipperary, named as Mr Mark Beresford with an address at No. 41 Gortataggart, Thurles, Co Tipperary, who stands accused of fracturing the cheek of 52-year-old Cork taxi driver, latter named as Mr Willy Lufuluabo, has had his case adjourned in order to prepare the book of evidence.
The incident is understood to have occurred at Curraheen Road, Bishopstown, Co. Cork, over one year ago, on May 1st, 2021. You can read the background to this story HERE.
In order to prepare the book of evidence, Mr Justice Olann Kelleher (Cork City) has now put the case back for hearing until February 13th, 2023.
Initially, the Director of Public Prosecutions (DPP) had stated that this case could be dealt with summarily at Cork District Court. However, Mr Justice Colm Roberts refused jurisdiction for summary disposal, having read the medical report on the taxi driver’s injuries, and refused to accept jurisdiction; stating the case was too serious and was a matter for trial by ‘Judge and Jury’ at Cork Circuit Criminal Court.
On Monday afternoon last (November 28th, 2022) at approximately 3.30pm; armed with a search warrant members the District Drugs Unit at Clonmel Garda Station carried out a search in the Moyglass area of Fethard, in South Co. Tipperary.
During the course of that search and pending analysis, drugs including Cannabis Herb, Cannabis jellies, Cannabis Resin and Magic Mushrooms, all with an estimated street value of some €5,500 were seized together with over €2,500 in cash.
A male was arrested and detained at Clonmel Garda Station, held under Section 4 of the Criminal Justice Act 1984, before later being released pending submission of a file to the office of the Director of Public Prosecutions, (DPP).
The search was conducted as part of Operation Tara, the goal of which is to protect communities from the scourge of illegal drugs in line with An Garda Siochana’s mission of Keeping People Safe.
A plaintiff, named as Mr Jason McCarthy, with an address at Ballybeg, Littleton, Thurles, Co. Tipperary, has successfully sued Waterford City Council, having alleged negligence; a breach of Duty of Care and a breach of the Occupiers Liability Act 1995.
Mr McCarthy, who acknowledged in court that he had previously recovered compensation of €17,555 from a road traffic accident in 2003; a further €12,000 for a road accident in 2009 and €15,000 arising from an assault when he was a young boy, [in total €44,550], was awarded €30,000 together with his legal costs, latter calculated on the lower Circuit Court scale.
Mr Justice Tony O’Connor stated he was satisfied that Mr McCarthy did trip and fall, as he had claimed, over a protruding lip on the pavement outside his father-in-law’s home at Gracedieu Road, Waterford City, on February 1st, some 7 years ago in 2015; adding that the injuries did not impinge significantly on his current day-to-day interests.
Waterford City Council authority had asked the court to determine if the fall happened as was alleged by Mr McCarthy; if it occurred where alleged, or if such a fall had caused such injuries currently being claimed by the plaintiff.
Mr Justice O’Connor said the council did accept during the hearing that the pavement lip was caused as a direct result of poor compaction at its sub base, and that if an inspection had been undertaken previously, same lip would have been noted and necessary measures taken to repair it.
Mr O’Connor had attended hospital the following morning after the fall and a medical report stated he had fractured his wrist, which required fixation with a grafting procedure.
Following intensive investigations by Gardaí, over the previous 36 hour period, a man understood to be in his early 20s, is helping Thurles Gardaí in relation to the fatal ‘hit & run’, which occurred in the vicinity of Clonmore, Templemore Co. Tipperary, early yesterday morning.
The victim, named locally as Mr Tony Cullen, sadly lost his life, while just a short distance from his home in the area.
Mr Cullen, who was unmarried, and who had spent his career in the Defence Forces, before retiring more than 10 years previously; worked as a barman in the area and was well known to village residents. He had left a pub in the village shortly before the accident occurred, with the driver of the offending vehicle failing to remain at the scene of the accident.
Gardaí continue to appeal for witnesses to come forward as they investigated the death.
Yesterday November 21st 2022, two Tipperary male residents, arrested wearing snood scarves, gloves and baseball caps and who violently resisted arrest when they were interrupted by a Garda Emergency Response Unit, in January, have both received jail terms of three years and three-and-a-half years respectively.
Judge Ms Helen Boyle imposed a sentence of four years, with the final year suspended, on Mr Patrick Harty of Mountain View, Bansha Road, Tipperary, in the case heard initially before Cork Circuit Criminal Court, back in October last.
A sentence of four years with the last six months suspended, was imposed against Mr Larry O’Connor of “An Duiche”, Scahelene, Tipperary town. In Mr O’Connor’s case his sentence will run consecutive to a 12-year sentence already being served for aggravated burglary at Newcastle, Co Limerick.
Details on the background to the case can be found HERE.
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