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Tag Archives: Mr Justice Nicholas Kearns

Early court hearing on referendum result

AN appeal over a failed challenge to the Yes vote in the same sex marriage referendum will get an early hearing, the Court of Appeal heard. Gerry Walshe, of Lisdeen, Kilkee wants to appeal last week’s refusal by the President of the High Court, Mr Justice Nicholas Kearns, of his application to to bring a petition challenging the May 22 referendum result. He is seeking a stay restraining the issuing of the necessary certificate verifying the referendum result. Mr Justice Peter Kelly, dealing with Mr Walshe’s application on Friday, said papers in the case must be ready in two weeks when the court will give him a date for a hearing. The judge said it was an urgent matter and needed to be dealt with soon. Mr Walshe, representing himself, claims the decision is flawed on a number of grounds including that expenditure by the Government on the Yes campaign was not done openly and transparently and in accordance with …

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High Court strikes out claim by widower of Sylvia Roche Kelly

The High Court has struck out an action for damages brought by the widower of murdered mother of two Sylvia Roche Kelly. The body of Ms Roche Kelly was found lying face down in the bath of a hotel in December 2007, after she met her murderer while out celebrating her 33rd birthday. She was violently beaten and strangled. Gerard McGrath Ballywalter, Knockavilla, County Tipperary, was later sentenced at the Central Criminal Court to life imprisonment after admitting murdering Ms Roche Kelly at The Clarion Hotel, Limerick, on December 8, 2007. McGrath was on bail at that time on a charge of assaulting a female taxi driver in April 2007. Her widower, Lorcan Roche Kelly from Sixmilebridge sued the State and other parties, including the Garda Commissioner and the Minister for Justice, for damages alleging his wife’s killer was “free to commit the crime of murder when he should have been in custody.” He claimed the failure and inaction of …

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Widower of murdered woman seeks damages

The High Court has been asked by the State to halt an action for damages brought against it by the widower of Sylvia Roche Kelly, from Sixmilebridge, who was murdered in Limerick seven years ago. The body of Ms Roche Kelly, a mother of two young children, was found lying face down in the bath of a hotel room in December, 2007 after she met her killer while out celebrating her 33rd birthday. She had been violently beaten and strangled. Gerard McGrath (24) Ballywalter, Knockavilla, County Tipperary, was sentenced at the Central Criminal Court five years ago to life imprisonment after admitting murdering Ms Roche Kelly at The Clarion Hotel, Limerick, on December 8, 2007. McGrath was on bail at that time on a charge of assaulting a female taxi driver in April 2007. Lorcan Roche Kelly, on behalf of his two children, has sued the State and the Garda Commissioner for damages, alleging his wife’s killer was “free to …

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