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A TRINITY college law student struck a female garda in the face while being searched after she was arrested for hurling abuse at officers.

Tanya Felloni (29) carried out the assault after telling another garda: “I say rats, you say garda.”

She had become “argumentative and difficult” at a west Dublin garda station following a row over a taxi fare.

Judge Gerard Jones warned Felloni he wanted to see a “glowing” probation report with a convincing reason not to jail her for three months and said “I don’t care if she is in Trinity or wherever she is.”

Felloni, a single mother-of-two from Parkhill Lawn, Tallaght pleaded guilty to asaulting a garda at Clondalkin Garda Station.

She also admitted using threatening, abusive and insulting behaviour at nearby Orchard Lane, Clondalkin.

Garda Sergeant Maria Callaghan told Blanchardstown District Court a taxi driver came to the station at 2.55am last November 11 and gardai were speaking to him when Felloni shouted: “f**k the garda, I say rats, you say garda, f**k you, you prick.”

She was arrested when she failed to leave and in the course of a search, she hit a garda in the face.

A victim statement outlined the “significant impact” the assault had had on the garda, the court heard.

Felloni offered “heartfelt apologies” to the gardai and accepted the consequences of her actions, her solicitor Matthew Kenny said.

She had had a very difficult childhood, which “may well have left a scar on her.”

Notwithstanding raising two children on her own, she was putting herself through a degree course in Trinity College.

Things got “far too out of hand” on the night in question and she assaulted a garda who was “doing her duty and trying to assist Ms Felloni.”

Adjourning the case to September for a probation report, Judge Jones said: “I want a very convincing reason why she shouldn’t be sent to Dochas. How dare she assault a garda?”

He said he was giving the accused “no guarantees” about how he would deal with the case.

She was remanded on continuing bail.

Online Editors

A drama student who hit her head on a stage as she took directions during rehearsals for ‘Macbeth’ has settled a €60,000 claim for damages.

Frances Winston (45), of Elgin Road, Ballsbridge, Co Dublin, said she had been studying a drama course at Dublin Institute of Technology (DIT) when she was involved in the accident on April 27, 2012.

She claimed she had been on stage taking part in a scene when her supervisor had instructed her to take a step back. When she did so, she had fallen over, striking her head on a raised platform behind her.

In her personal injuries claim, Ms Winston sued Brian Forbes, a nominee of DIT, claiming she had suffered a bruise to her head in the fall and a second bruise to her cervical spine.

She had attended the emergency department of St Vincent’s University Hospital where she had been prescribed painkillers and muscle relaxants, she said.

A medical report noted that Ms Winston had been reviewed on August 21, 2012, and it had been noted she had a tingling sensation to her right shoulder and arm.

This sensation had occurred three to four times a week and had tended to wake her from her sleep.

She claimed that DIT had been negligent and failed in its duty to ensure she had not suffered any injury while carrying out her studies.

Barrister Mark O’Connell, who appeared with Canal Quarter Solicitors for DIT, told Judge James O’Donohoe before any evidence was called in the case that there had been talks and her case had been settled.

Terms of the settlement were not disclosed to the court and Mr O’Connell asked that the case be struck out.

Ms Winston previously appeared in Dublin’s District Court last month where she pleaded guilty to harassment of a BBC children’s television presenter. She received an eight-month suspended jail sentence. The district court had heard that Ms Winston threatened, via social media, to send drug dealers to the home of Ferne Corrigan.

Irish Independent

Woman who lives above church loses case over noise pollution from drums

A woman who complained that church-goers were making too much noise using loud drums and amplified music has had her noise pollution case thrown out of court.

Sandra Broderick’s apartment at The Grove, Kinnincha Road, Gort, Co Galway, is above a premises used by the Assembly of God Church for its services.

She took the noise pollution case under the Environmental Protection Agency Act before Ennis District Court.

Ms Broderick told Judge Patrick Durcan said she had “no issue with the church being here at all. It is just too loud”.

“I’m at the age now where I am thinking of having a family but I couldn’t do that with the noise and that should never be the case in a residential area,” she said.

The judge visited the church and Ms Broderick’s apartment last week to give himself a better understanding of the issues involved.

Yesterday he threw out the her claim, saying the situation faced by Ms Broderick during church services “is a little bit like living over a busy pub at weekends – you have to take the consequences”.

The church has services on Sundays and church musicians also meet at the premises during the week to practise.

Ms Broderick told the court yesterday that she met with church members at the weekend as well as Colman Sherry, the solicitor for the church’s pastor, Mauri Fetoza, and they agreed on a maximum amplified sound level of 21.

She said the parties could not agree on the use of the drums. “There is no way of turning drums down. They are loud and that is it. The drums are the issue at the moment,” Ms Broderick said.

Mr Sherry admitted in court that the drums are loud but argued they are “all part of the spiritual message”.

“The drums are part of the inspiration, part of the spiritual nourishment, part of the sharing by the congregation of the positive vibes,” he said.

Mr Sherry said he attended the service on Sunday and added: “I thought it was quite inspiring. Music inspires.”

In his ruling, Judge Durcan said he was satisfied that the assembly of a number of people using musical instruments did in all likelihood cause a noise disturbance.

However, he said the reality was that Galway County Council granted planning permission to the Assembly of God Church for the unit to be used for public worship or religious services and for social and recreational activities in 2010.

He said he was taking the view that what happened at the church happened in accordance with planning permission.

The judge told Ms Broderick that if she bought her apartment after 2010 “you bought it with a problem there and if you acquired it before then, you had your rights under the planning acts to object”.

The church has been operating in Gort for the past 17 years, with its mainly Brazilian congregation numbering around 150.

Irish Independent

Waiter (71) sues over slip in restaurant 10 years ago

A waiter who allegedly slipped and twisted his ankle on a bar floor 10 years ago has sued in the High Court.

Maurice Durnin has claimed the accident at a Co Clare bar and restaurant has left him suffering from chronic regional pain syndrome.

Opening the case, Michael F Collins SC said Mr Durnin, who is now aged 71, has had to have a number of pain injections, procedures and to have a spinal chord stimulator fitted since the accident.

He twisted his ankle as he worked at Cogan’s Bar and Restaurant in Milltown Malbay, Co Clare, in 2009, counsel said. He has “been put through the grinder”, counsel added.

Ms Justice Bronagh O’Hanlon adjourned the case early after Mr Durnin broke down in court as he told how he had enjoyed his work and he cannot now enjoy his retirement.

The judge said it all seemed “an extraordinary situation from what appears to have been a simple twisting of the ankle”.

The judge realised it was very difficult for Mr Durnin.

Mr Durnin, of Banteer, Co Cork, has sued James Cogan, the owner of Cogan’s, as a result of the accident on March 3, 2009, when he was working as a waiter. He has claimed he slipped on an allegedly wet floor and turned over on his right ankle as he served breakfast to two customers.

He has claimed there was a failure to ensure the floor was in a safe condition. He has further claimed he is now disabled in certain day-to-day activities. All the claims are denied.

The Cogan side has contended there was alleged negligence on the part of Mr Durnin who, it is claimed, did not look where he was walking. It is further alleged if the floor was wet, which is not admitted, Mr Durnin had failed to clean up and dry it in an appropriate manner.

In evidence, Mr Durnin said he slipped when he was serving breakfast but continued working.

He later had to go to a doctor and was referred to hospital and given crutches. The case continues.

Irish Independent

Arrest warrant issued for juror who failed to turn up in High Court after lunch break

A warrant has been issued for the arrest of a juror who failed to turn up in the High Court following a lunchtime break.

The woman juror was among six men and six women sworn in on Tuesday to hear a defamation action by Turf Club head of security Chris Gordon against the Irish Racehorse Trainers Association (IRTA).

The juror left for lunch following an introductory speech to them about their duties by Mr Justice Bernard Barton but the court heard she did not stay with the other jurors over lunch. 

When she failed to turn up, the judge said he would exercise his power to continue the case with just 11 jurors.

The case resumed but the jury was sent out while legal argument took place between the parties.  Mr Gordon says he was defamed by the IRTA which denies his claims.

Before legal argument resumed on Wednesday, during the call over of cases, Mr Justice Barton said he was finding the missing juror in contempt and issued a bench warrant for the gardai to arrest her and bring her before the court.

Following further legal argument in the Gordon/IRTA case, the judge recalled the 11 jurors and told them he was discharging them.

This was due to a the fact that a genuine legal issue had arisen and the case would have to be adjourned to jury sittings in November.  He thanked the jury members for their service and said they would not have to return for the remainder of this jury session.

He also told the jury its discharge was completely unrelated to his decision over the juror who did not return.

The judge also said he had hoped the juror would have either turned up on Wednesday morning to explain her position or sent someone on her behalf but she had “essentially failed to comply with her oath” (to try the case). 

As a result he had found her in contempt and issued a warrant, he said.

Irish Independent

Girl (18) with cerebral palsy awarded €8.4m after suing over circumstances of her birth

An 18-year old girl with cerebral palsy who had sued over the circumstances of her birth at Waterford Regional Hospital has settled her High Court action for €8.4million.

Ciara Ormond, the High Court heard, has spastic quadriplegic cerebral palsy and is totally dependent, needs 24 hour care and has to use a wheelchair.

The settlement is without a full admission of liability.

Ciara’s counsel Bruce Antonioni SC told Ms Justice Bronagh O’Hanlon the family were in Italy for the wedding of Ciara’s mother, Jean Ormond.

It was alleged in court that during labour CTG monitoring of the fetal heartbeat of Ciara Ormond was discontinued for one hour and 25 minutes and Counsel told the court it was their case that the trace was stopped between 12.10 and 13.35 and this, he said was “completely unacceptable.”

Counsel said it was the HSE’s case that the mother went for a shower and that is why the CTG trace was disconnected. Mr Antoniotti said the mother would say she was not in the shower for one and a half hours.

Counsel said when the CTG trace was recommenced it was “immediately abnormal.”

In a statement read outside court the Ormond family said the settlement figure is “not some kind of windfall” but is to secure Ciara’s future and will finally provide her with the specialist care and therapy she needs and deserves.

They said it had been a long time coming, and they just wanted to move on now and give Ciara the best life she deserves.

In the statement read by their solicitor Joice Carthy, the Ormond family added:

“No amount of money will give Ciara back what she has lost out on, and will continue to lose out on in the future. Ciara will need round the clock care and numerous therapies such as speech and language therapy, occupational therapy, physiotherapy and many others.

Describing Ciara as “an amazing young woman who is loved greatly”, the Ormonds said they are extremely proud of Ciara and she is “almost always upbeat and cheerful despite her difficulties and everything that she has to go through every day.”

The statement added: “We are relieved that Ciara’s case has settled today. It has however been a very difficult battle and we feel it is unfortunate that Ciara’s case was brought this far and only settled at such a late stage. 

“As a family, we would have found it far less stressful and upsetting if it had been resolved sooner.”

Ciara Ormond, Ursuline Crescent, Waterford city had through her mother Jean Ormond sued the HSE over the circumstances of her birth on November  5, 2000 at Waterford Regional Hospital.

It was claimed there an alleged failure to properly manage and monitor the labour, delivery and birth.

It was further claimed there was an alleged failure to ensure continued and careful monitoring of the condition of the baby and her mother during labour, including careful monitoring and recording of fetal heart rate.

It was also claimed there were alleged unreasonable gaps in the monitoring of the baby and her mother including an alleged lack of monitoring between 12.10 and 13.35 on November 5, 2000. It was allegedly monitoring was discontinued  for one hour and 25 minutes and there was an alleged failure to intervene and deliver the baby in an appropriate prompt and timely manner.

The claims were denied and the HSE claimed there had been an alleged delay in bringing the case. The settlement was without admission of liability.

When Ciara was born, she required vigorous resuscitation, Counsel told the court when Ciara was born she “was like a doll.”

Mr Antoniotti said Ciara suffers from spasms, can only hold her head up for a few minutes. He said she loves music, clothes and style and loves attending school and is the most popular girl in the class.

Approving the settlement, Ms Justice O’Hanlon said there were major issues in the case. She said it is an extremely tragic case .

This was a tragedy which occurred at a birth and the consequences for Ciara was nothing short of catastrophic for her, the judge said.

The settlement, Ms Justice O Hanlon added was achieved by agreement and she said it was “a fair and just arrangement in the circumstances.”

Following the ruling of this settlement, Joice Carthy, solicitor said the case Illustrated  the need for mediation and negotiations at an earlier stage. 

“There has been no admission of liability in this matter, but it is unfortunate that it could not have been settled at an earlier point because having to come to Court in order to settle the matter, has caused a lot of stress and worry for Ciara’s mum, Jean, who has been a devoted carer to Ciara for the past 18 years and will doubtless continue to be,” she added.

Irish Independent

A 14-year-old boy has been banned from contacting a young girl after he appeared in court charged with pulling her hair and kicking her.

The boy, who has just completed his Junior Certificate, appeared at Letterkenny District Court in Co Donegal along with his mother.

The court heard that the boy, then aged 13, went to the then 12-year-old girl’s house in Letterkenny on August 27th, 2017 and they had a disagreement.

She claimed that he pulled her hair and then kicked her.

However, solicitor for the boy Michael Shiel said his client denied kicking the girl. He said there had been a boyfriend and girlfriend situation going on between the pair.

Judge Paul Kelly had previously adjourned the case to hear a victim impact statement from the girl as well as a probation report on the boy.

Judge Kelly had asked the boy if he had apologised to the girl and was told he had after he met her again at a teenage disco.

The court heard how the boy’s family had now moved to another part of Donegal to live.

The victim impact statement from the girl was handed into court along with the probation report.

Judge Kelly told the boy that it was clear from her statement that she did not want to have any contact with him.He said he agreed with the proposals of the probation report.

“You let her get on with her life and you get on with yours. You are not to communicate with her,” the judge told the boy.

He added that this included social media and that he was not to post anything about the girl.

He asked the boy how he had done in his Junior Certificate and the boy replied “good.”

Judge Kelly added: “Good luck with your results and I don’t want to see you here again.”

irishtimes.com

A garda whose legs were crushed when a man rammed him with a stolen car and then drove over his legs has been awarded €975,000 by the High Court.

Garda Ciaran Murrihy was on duty with three other gardaí in August 2015 when he was deliberately crushed between a stolen car and a garda vehicle, breaking his legs,

The driver of the stolen car, Patrick McDonagh, who was then aged 26, later pleaded guilty to causing serious harm to Garda Murrihy and was jailed for seven years on February 5, 2016.

Garda Murrihy was in a wheelchair when he attended the criminal court in February 2016 and the court heard he was expected to be out of work for “a very long time”.

McDonagh stole my life from me and has left me with so littleGarda Ciaran Murrihy

In a victim impact statement to the criminal court Garda Murrihy said he was haunted by the vision of McDonagh driving the stolen car directly at him. As a result of his injuries he had gone from being a proud Garda and active father-of-two to feeling useless.

“McDonagh stole my life from me and has left me with so little,” he had said.

Before Judge Martin Nolan sent McDonagh – of Bath Road, Balbriggan, Dublin – to jail for seven years the court heard that he had continued to drive the Citroen over Garda Murrihy’s legs after having jammed him against the garda squad car.

Barrister Conor E Byrne, who appeared at the High Court Compensation Hearing today, told Mr Justice Michael Twomey that following a protracted period of negotiations the parties by consent had agreed on a figure of compensation of €975,000 for Garda Murrihy.

Catherine Needham, counsel for the State, confirmed that the settlement figure had been reached by consent.

Judge Twomey congratulated the parties on reaching agreement on the level of compensation without a full hearing which he said was always the preferable approach in such serious cases.

Garda Murrihy and Garda Lucy Wood, who was also injured in the incident, had been on duty at Clonusk Rise, Hamlet Lane, Balbriggan, on August 2015 when they noticed the stolen Citroen Xsara car that had been taken in a burglary earlier that day.

A criminal court hearing was told later that the two gardaí approached the vehicle and after the occupants identified themselves McDonagh slapped the car into reverse gear, trailing the two gardaí with him and crushing Garda Murrihy’s legs when he struck the garda car. A Garda Hughes had also been dragged along the ground.

The court had heard that Garda Murrihy – of Macetown, Dunshaughlin, Co Meath – had to roll away to avoid his legs being repeatedly run over. Garda Wood attended the criminal court wearing a sling on her right arm in order to give evidence.

Judge Twomey approved the settlement and on the application of Ms Needham directed the release of Garda Murrihy’s medical fliles.

Online Editors

THE driver of a car, whose door collided with a cyclist knocking him into the air and against a bus, has been ordered by a judge to pay the cyclist €6,000 damages despite the driver claiming he had not been present at the scene.

John Murphy of Dunboyne, Co Meath told Judge James O’ Donoghue in the Circuit Civil Court that he had been riding his bike in the cycle lane on Aungier Street, Dublin on 3rd December 2014 when he collided with a car door.

He told his barrister, Alan Dodd, that he had been in shock following the accident and the driver of the car, Craig Lancaster of Cherrywood Avenue, Ballyfermot, Dublin 10, had written down his details including the car’s registration and his contact number.

Murphy told Mr Dodd, who appeared with Murphy’s Solicitors, he had been absolutely sure Lancaster had been the man he had spoken to at the scene of the accident.

He said the incident had taken place close to a loading bay of a Tesco store. Lancaster had told him he was a manager in Tesco and had apologised for what had occurred.

Lancaster told Judge O’ Donoghue he had not been present at the scene of the accident. He said although the registration of the vehicle Murphy had on the piece of paper belonged to his mother’s car, he had not been the one to write it down.

He said the handwriting had not belonged to him and the last part of the address had been incorrect as it stated he lived in Clondalkin and not Ballyfermot.

Lancaster said he had been a manager in Tesco at the time but in the Camden Street store and this had been where he had been at the time of the accident.

Judge O’ Donoghue said he considered both gentleman to be truthful and respectful but there had been too much detail in Murphy’s account for it not to be true.

He said the incident had been shocking for Murphy as he had been knocked into the air and hit against a bus. He had been wearing a helmet but still had some injury to his right shoulder and hand.

Judge O’ Donoghue awarded Murphy €9,000 general damages but subtracted a third of the sum for having waited two years to take action.  There had been no way anyone could have foreseen this case arriving years later and it had put Mr Lancaster at a disadvantage.

Online Editors

A 12-year-old girl whose arm was scalded when a takeaway cup of tea she was carrying under her elbow in a Starbucks spilled on her has settled a High Court action over the accident for €85,000.

Demi Mooney, now 16, was in Starbucks, Henry Street, Dublin, with her grandmother on December 21, 2014, when she bought a Frappuccino coffee, a tea and a large cookie. She was carrying the coffee in her left hand, the cookie in her right and the tea between her elbow and ribs when the tea spilled on her.

In her action, brought on her behalf by her mother, Siobhan Mooney, it was was claimed that she should have been provided with a tray for the hot drinks, particularly as she was a child.

Coffee Unlimited Company, trading as Starbucks, fully contested the case and the court heard there were issues of whether she had been offered a tray and of contributory negligence.

Michael Byrne SC, for Demi, said an offer of €85,000 had been made by the defendant. Given the claim of contributory negligence, which counsel said was in the region of 20 to 25 per cent, and a prognosis that the scarring to her arm was permanent, it was felt this was a fair and reasonable offer.

Immediately after the accident, she received assistance from a nurse and doctor who were on the premises. She went to Temple Street Children’s Hospital where she underwent repeated treatments in the Plastics Clinic as well as for occupational therapy.

Counsel said her consultant was of the view that because the scarring to her arm was permanent, further treatment would make things worse rather than better. The main difficulties for her were cosmetic and she wears long sleeved garments. She was at an age when appearances are particularly important.

Mr Justice Simons was satisfied to approve the offer as it would come very close to what a judge might decide the case was worth if successful at trial.

Online Editors