Tag Archives: Judge Patrick Durcan

A 41-year-old Clare man has been returned for trial, concerning the alleged illegal possession of 7,606 images and 139 video files of child pornography. At Ennis District Court on Wednesday, Judge Patrick Durcan made the order for the return for trial of the Clare man to the next sittings of Ennis Circuit Court. In the case, the man is charged with, on September 4, 2013, knowingly distributing child pornography for the purpose of distribution, publication and exportation, contrary to Section 5 (1) of the Child Trafficking and Pornography Act 1998. The man is also accused of knowingly having in his possession the 7,606 child porn images and 139 video files at a Clare address on the same date, contrary to Section 6 (1) of the Child Trafficking and Pornography Act 1998. In the circuit court, the accused, if convicted, faces a prison term up to five years on the possession charge and up to 14 years on the distribution charge. …

A judge has refused an application by former Labour TD Michael McNamara for a Digital Audio Recording (DAR) of the evidence in his dangerous driving case. At Ennis District Court today (Wednesday), Judge Patrick Durcan refused Mr McNamara’s application for the DAR of the day’s evidence in the case, as the 43 year-old prepares an appeal against his dangerous driving conviction to the circuit court. The conviction, which carries an automatic two year driving ban, is in respect of Mr McNamara’s driving at Tobernagath, Scariff on December 10, 2016. Mr McNamara can continue to drive pending his appeal being heard. In court on Wednesday, the solicitor for Mr McNamara said that the application was being made to obtain the DAR to help deal with shortcomings in the prosecution case against him. The application was opposed by the gardaí with Inspector Tom Kennedy telling Judge Durcan: “That is not what the DAR was designed for.” Insp Kennedy said that Mr McNamara …

A judge has stated that the State is funding a criminal teenager living in the “lap of luxury”. Judge Patrick Durcan made his comment after hearing that TUSLA is funding the 17 year-old Clare teen living in a two bedroom apartment. After hearing of the teen’s living arrangements at the Children’s Court in Ennis, Judge Durcan addressed him and said: “Here you are living in a lap of luxury – a criminal – and being provided with everything by the State. Have you any appreciation for that?’ In response, the teen said: “I do appreciate it a lot.” Asked to outline the money he receives while staying at the TUSLA funded two bedroom apartment, the teen said: “I get €35 a week pocket money; €40 a week for shopping and €50 a month for clothes.” Judge Durcan asked: “Do you realise 100 years ago there were young lads your age being sent off to fight in Europe with big heavy …

A judge has told a senior garda to tell the Director of Public Prosecutions (DPP), Claire Loftus “to get her on bicycle” concerning directions for four alleged burglars. At Ennis District Court, Inspector Tom Kennedy sought a further adjournment in the case against the four alleged burglars of a rural farmhouse in Ballyea, where a 95-year-old man was asleep last January. Initially, two of the four were refused bail in the district court but all four, all with Limerick addresses, appeared in court on bail. Inspector Kennedy sought the adjournment for the DPP to make directions in the case but, in response, Judge Patrick Durcan quipped, “Tell the DPP to get on her bicycle”. Inspector Kennedy said the cases in respect of all four could be adjourned to Ennis District Court to April 25. In the case, three members of the one family and a fourth man are charged with the alleged burglary of the O’Connor home at Tiermaclane last …

A 70-year old man is to be sentenced next month for sexually assaulting a man in his eighties on a bus travelling through west Clare last Summer. During the course of the assault on June 9 last, a passenger sitting across the aisle from the two men on the west Clare Bus Éireann service to Ennis filmed the assault. The footage from the passenger’s smart phone along with CCTV footage of the attack would have formed part of the State’s evidence if the case had gone to trial. However, the 70-year old’s plea of guilty recorded at Kilrush District Court this week has eliminated the need for the video evidence to be shown and also for his elderly victim to go into the witness box and give evidence. Giving an outline of the facts in the case at Kilrush District Court, Inspector Paul Slattery said that the video footage shows the accused starting to grope the other male alongside him …

A man appeared before the district court this week concerning 10 counts of dangerous driving across Ennis and areas in East Clare. Andrew Moroney (32) of Lower Main Street, Tulla appeared in connection with 16 alleged driving offences in Ennis and East Clare in the early hours of Monday of this week. In the case, Mr Moroney is facing 10 separate dangerous driving counts from the incident that lasted just under one hour after 2.30am on Monday morning. The Tulla man is facing two counts of dangerous driving from his driving on Abbey Street, Ennis, two counts from his driving on O’Connell Square in Ennis and two counts on the Quin Road, Ennis. Mr Moroney is also charged with dangerous driving at Station Road, Ennis, Monamoe townland, Clooney townland and Sraheen townland. Mr Moroney is also charged with drink driving at Derrynaneil, Feakle and criminal damage of a Garda patrol car at Sraheen townland. He is also charged with failing …

A CLOUGHLEIGH man has told Ennis District Court that it was “pot luck” that a cannabis plant happened to be growing in the garden of his home. Matthew Reddan, 27, with an address at Shallee Drive, pleaded guilty to a charge of cultivating a cannabis plant at his address on June 14 last. Defence solicitor John Casey told the court that his client had possession of a cannabis seed and decided to plant it. “He put it in a pot and it grew in the pot outside. He might’ve even forgotten about it,” he said. Mr Casey told presiding Judge Patrick Durcan that the court often hears cases whereby lighting and other equipment is put in attics to facilitate the growth of cannabis plants. In his client’s case, the cannabis was grown outside and it was just “pot luck” that it grew in that environment. Judge Durcan asked “was it a case of Jack and the beanstalk?” Garda Inspector David …

At Kilrush District Court on Tuesday, Judge Patrick Durcan calculated that Mary Maughan receives €55,000 a year on various State benefits. Addressing Ms Maughan, Judge Durcan said, “You receive around €55,000 a year in benefits and if you were paying tax and all of that, you would need an income of €120,000 a year”. In the witness box, Ms Maughan replied, “probably”. Judge Durcan continued, “People are always complaining that the level of social welfare payments are inadequate – that is a political view – and the court cannot comment on something like that otherwise than to note.” Solicitor Tara Godfrey said the payments are required for the care of six children. Ms Maughan receives benefit payments concerning her own four children, along with two other children she is guardian of. Ms Maughan was put forward as a bails person for her brother Darren Maughan (26), who was on remand in prison but required an independent surety for his conditional …