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A Tipperary farmer has been given a 12-month prison sentence following a workplace fatality, which happened on his farm at Coleman, Fethard, Co. Tipperary, back on June 26th, 2016.
On that date, a Telehandler; [same machine widely used both in agriculture and industry], then being used to carry out work on the farm, went out of control before overturning, resulting in one farm employee losing his life and another employee suffering serious injuries.
The owner of the farm had pleaded guilty to charges of being in breach of the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007.
At Clonmel Circuit Court, South Tipperary on Thursday last, July 6th, the farmer was sentenced to 12 months in prison, for failing to manage and conduct work activities in such a way as to ensure, so far as was reasonably practicable, the safety health and welfare of his employees at work.
The Health & Safety Authority confirmed that the Telehandler was found to be in a dangerous condition, unsafe and unfit for use, with brakes, accelerator cable, transmission selector, cab door and seat belt not properly maintained.
They add that it is essential that all employers make sure that operator training is provided to all workers and that risk assessments are carried out in advance of the work activities commencing.
  
It was with great sadness that we learned of the death, yesterday Tuesday 11th July 2023, of Mr James Joseph (J.J.) Cummins, Matthew Bourke House, Gortataggart, Thurles, Co. Tipperary and formerly of Graigue, Moycarkey, Thurles, Co. Tipperary.
Pre-deceased by his parents James and Sarah, sister Mary (Quinlan); Mr Cummins passed away unexpectedly, while under the care of staff at St. Luke’s Hospital, Kilkenny City, Co. Kilkenny.
His passing is most deeply regretted and sadly missed by his loving family; brothers Thomas and Donal, sister Helen (Shorley), nephews, nieces, sister-in-law Joan, brothers-in-law Michael and Tom, cousins, the Matthew Bourke community, neighbours and many good friends.
Requiescat in Pace.
Funeral Arrangements.
The earthly remains of Mr Cummins will repose at Hugh Ryan’s Funeral Home, Slievenamon Road, Thurles on Friday afternoon, July 14th, from 5:00pm until 7:00pm same evening.
His remains will be received into the Church of St. Peter, Moycarkey, Thurles on Saturday morning, July 15th, at 10:00am, to further repose for Requiem Mass at 10:30am.
Interment will take place, immediately afterwards, in nearby St. Peter’s Cemetery, Moycarkey, Thurles, Co. Tipperary.
The extended Cummins family wish to express their appreciation for your understanding at this difficult time and have made arrangements for those persons wishing to send messages of condolence, to use the link shown HERE.
Ar dheis Dé go raibh a anam dílis.
- ‘Honest belief’ that a victim had given consent will no longer be a defence in rape cases.
- Character references must be given on oath or via affidavit in sexual offence trials.
- Bill delivers on key reforms in ‘Supporting a Victim’s Journey’ to improve the criminal justice system for victims.
- Establishment of new coordination framework to help victims of human trafficking.
The Minister for Justice, Mrs Helen McEntee TD, has secured Government approval to publish a wide-ranging new Bill that strengthens the law around sexual offences and improves protections for victims of sexual offences and of human trafficking.
Among the main provisions of the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 is a strengthening of the law in relation to consent. At present, a person can be found not guilty of rape if they honestly, but mistakenly, believed that they had the consent of the victim.
The law is subjective. In effect, the alleged perpetrator can claim they are not guilty of rape, because they honestly but mistakenly believed they had consent. This new Bill from Minister McEntee, is a key element of her Zero Tolerance Plan to tackle Domestic, Sexual and Gender Based Violence will change this. The question now will be whether the belief is one that a reasonable person would have held in the circumstances, rather than whether such belief was honestly held. This belief must be objectively reasonable rather than subjective.
Where the question of reasonable belief arises in a trial, the jury must have regard to the steps, if any, taken by the accused to ascertain whether the victim consented to the intercourse.
Minister McEntee said: “One of my key priorities as Minister for Justice is tackling domestic, sexual and gender-based violence and better supporting and protecting victims of crime.
The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 is a key piece of legislation to deliver on these priorities.
It will strengthen the law around consent in rape cases, requiring that an alleged perpetrator must have ‘reasonably believed’ that they had consent and removing the current defence of ‘honest belief’. A subjective belief that a person had consent should not be sufficient to be used a defence.
This is in line with recommendations of the Law Reform Commission.”
Another change in this Bill is strengthening protections for victims as regards character references in sexual offence trials, another commitment from Minister McEntee’s Zero Tolerance plan.
This Bill will provide that if a person wants to give a character reference for someone who has been convicted of a sexual offence at their sentencing hearing, the reference must be given on oath or via affidavit.
Currently if a witness is called to court to provide character evidence, this evidence is given under oath.
However, written testimonials are not sworn. Minister McEntee’s Bill provides that when a person has been convicted of a sexual offence, character references presented at sentencing must be made via oath or affidavit. This will ensure that the person providing the reference swears to the veracity of their statement and can be called before the court for cross examination. In effect, it will mean character reference letters will no longer be able to be read out in court unchallenged, if warranted.
The purpose of including this provision in the Bill is to protect the victims of sexual crimes from further traumatisation during the sentencing hearing.
The Minister has now received Cabinet approval for these changes, and she has also worked with Senators Regina Doherty, Lisa Chambers and Pauline O’Reilly on the issue.
Minister McEntee further stated: “The use of character references can often cause further trauma for victims and it is clear to me that we need stronger rules around how they can be used in court.
This legislation will introduce a requirement for character references in sexual offences cases to be made under oath or affidavit, rather than by an unsworn letter to the Court.
This means that the person who provides the character reference can be cross examined if necessary.”
The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 will also deliver on key reforms in ‘Supporting a Victim’s Journey’ to improve the criminal justice system for victims.
- These include:
- Separate legal representation for victims of sexual assault if there is an application to question them on their previous sexual experience;
- If this application is granted, the barrister representing the victim will continue to represent the victim during the questioning;Ensuring anonymity for victims in all trials for sexual offences;
- Providing anonymity for the accused for certain sexual offences;
- Updating the definitions for publish and broadcast;
- Repeal of statutes that provide that the verdict or decision in trials be announced in public.
Minister McEntee said: “We are delivering a number of the recommendations from the O’Malley report relating to legal representation for victims if there is an application to cross-examine a victim about their previous sexual history in sexual offence trials and including ensuring victim anonymity in all trials for sexual offences.
These are all issues that we know can further victimise, re-traumatise and deny justice to survivors of sexual assault, and I determined to see these important protections legislated for introduced as soon as possible.”
The new legislation will also implement recommendations by the Defence Forces Independent Review Group (IRG). The IRG recommended amendments to the Defence Act 1954 to ensure that persons subject to military law who commit sexual offences in this jurisdiction will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial. This Bill gives effect to those amendments.
The Bill will also put a revised National Referral Mechanism (NRM) in place for identification and support of victims of human trafficking.
The National Referral Mechanism is the framework through which the State identifies and supports victims of human trafficking. At the moment, An Garda Síochána is solely responsible for identifying victims of human trafficking.
Under the new NRM, multiple other relevant Departments and agencies will be designated as competent authorities to identify victims and will also allow civil society organisations supporting victims of trafficking to be designated as Trusted Partners.
Minister McEntee continued: “This new approach will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support.
The reality is that some victims of trafficking, because of interactions they may have had with law enforcement officials in other jurisdictions, have a perception that police cannot be trusted. This may prevent them from identifying themselves to An Garda Síochána as victims, ultimately limiting their access to supports and justice.
The new approach acknowledges other State bodies – outside of An Garda Síochána – and NGOs have a role in identifying victims of human trafficking and referring them to the NRM, through which identified victims can get the necessary supports.”
The published Bill will now be presented to the Houses of the Oireachtas, where it will be debated.
Accused is alleged to have brought sofa down on head of his mother’s intoxicated partner, causing his death.
The deceased man, Mr Jonathan (John) Ustic, a native of the UK, had been located dead, on September 24th 2017 last, in a rented terraced house, situated at No 51, High Street, Skibbereen, Co. Cork.
Mr Andrew Nash, latter aged 43 years, and formerly holding an address in Thurles, Co Tipperary, pleaded not guilty to the charge of murdering Mr Ustic.
It was alleged that a sofa was lifted and brought down repeatedly on the head of the 51-year-old man, who was lying defenceless on the floor of his rented residence, thus leading to his eventual death.
Senior Counsel for the Prosecution, Mr Seán Gillane presented a jury of seven men and five women with an outline of the allegations in the case, same being made against the accused in the trial held at the Central Criminal Court, presently sitting in Cork, presided over by Mr Justice Michael McGrath.
The late Mr Ustic had been living with his long-term partner Ms Suzanne Fenton, who has sadly also since died. Latter was the mother of the now accused Mr Andrew Nash.
On Sunday 24th, the accused had received a phone call from his mother. On entering her place of residence Mr Nash, it was alledged, had gone upstairs and physically struck Mr Ustic a number of blows, causing an injury to his cheek. The parties in the house left sometime after that, before returning to High Street, Skibbereen, Co. Cork at 7.40pm; with the late Mr Ustic having consumed a considerable amount of alcohol. Mr Ustic was pulled violently out of the car, striking his head off the ground in the carpark area, as a result of which he suffered further injury. He was left abandoned in a prone position on the carpark grounds, causing passers-by certain concerns, before being carried into the house, apparently insensible, by Mr Nash and a companion Mr Gillane.
According to Mr Gillane, Mr Nash attacked Mr Ustic while he was on the ground. He stamped on his face, sliced his ear with a broken bottle, beforen lifting a sofa that the defenceless Mr Ustic was lying next to, bringing it down repeatedly on the now deceased mans head and chest area.
On the Monday morning following the alleged assaults, which had occurred on the previous evening, the alarm was raised. Emergency services, on arrival, pronounced Mr Ustic dead at the scene.
The cause of death was described, following an autopsy report, as caused by blunt force trauma to the head, neck and chest, with acute intoxication also being a contributory factor.
When interviewed later by Gardaí, Mr Nash accepted that he had given the deceased a couple of slaps, but denied inflicting the injuries that had brought about his death.
It was with great sadness that we learned of the death yesterday July 10th. 2023, of Very Rev. Nicholas James Irwin P.P., Gortnahoe/Glengoole, Thurles, Co. Tipperary and formerly of Borroway, Thurles, Co. Tipperary.
Pre-deceased by his father Nicholas and sister-in-law Marian; Rev. Irwin passed away peacefully, surrounded by his family.
His passing is most deeply regretted and sadly missed by his loving mother Elizabeth (Betty), brothers and sisters John, Ber, Ted, Ger, Ann, Liz, Michael, Martin and Eamon, brothers-in-law, sisters-in-law, their partners, nieces, nephews, aunt, cousins extended relatives, parishioners, His Grace Archbishop Kieran O’Reilly and all priests of Cashel and Emly diocese, neighbours and many close friends.
Requiescat in Pace.
Funeral Arrangements.
The earthly remains of Rev. Irwin will be received into the Church of the Sacred Heart, Gortnahoe, Thurles, on Wednesday afternoon from 5:00pm, pausing for prayers at 7:00pm same evening.
Requiem Mass will be celebrated on Thursday at 12:00 noon, followed by interment immediately afterwards in the Good Shepherd Cemetery, Gortnahoe, Thurles, Co. Tipperary.
For those persons who are unable to attend the funeral service for Rev. Irwin, same can be viewed, streamed live online. [Note Link to follow].
The extended Irwin family wish to express their appreciation for your understanding at this difficult time and have made arrangements for those persons wishing to send messages of condolence, to use the link shown HERE.
Note Please: Family flowers only.
In ár gcroíthe go deo.
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