Latest news with #Non-FatalOffencesAgainstthePersonAct
Irish Daily Mirror
a day ago
- Irish Daily Mirror
Ex-garda avoids jail for second time over harassment of woman
A retired detective garda who was facing jail time after he contacted a woman despite his conviction for harassing her has had his eight-month custodial sentence suspended on District Court Appeals Court heard that Eamon Moran (51) has suffered ill health ever since he was attacked on a 2012 deportation flight and was recently in intensive with an address in Perrystown, Dublin 12, harassed a woman by sending her unwanted texts and calls on dates between 2021 and 2023. He originally pleaded guilty before the District Court and was convicted of harassment under section 10.1 of the Non-Fatal Offences Against the Person Act, 1997, amended by the Harassment, Harmful Communications and Related Offences Act was sentenced to eight months in custody, which was fully suspended for two years on the condition that Moran would make no contact with the injured party and her family, would continue his medical rehabilitation and would stay one kilometre away from the injured party's jail sentence was reactivated by Judge David McHugh at Blanchardstown District Court in October 2024 after the court heard Moran had contacted the woman by email and phone after his conviction. The victim reported the breaches to gardai, saying that his actions caused her some anxiety and court heard that Moran had sent an email and then called the victim on two different days in September 2024, which went unanswered. It was found that Moran had breached the conditions of his suspended sentence and he did not contest this in the District for the appellant, Niamh Ní Aonghusa BL, today told the District Court Appeals Court that Moran 'misinterpreted this non-relationship' and is "very much apologetic" to the victim. She said he has no intention whatsoever to contact the victim Ní Aonghusa said that Moran's health has been in decline since an incident in 2012 in which he was on a flight that was deporting people in his duty as a garda when he was attacked by a man with a razor presented several letters from medical professionals which said that Moran suffered a stroke, had a hole in his heart and had a liver said that he was recently in intensive care in St James's Hospital and that the muscles in his legs have depreciated. Judge Sinéad McMullan said that this is 'obviously a very serious matter' and that no one should have to deal with said there was a clear court order that Moran 'clearly breached', but she also took into account that he was recently very McMullan decided to fully suspend the sentence of eight months for a period of two years on the condition that Moran in no way attempt to contact the injured party ever again, stay one kilometre away from her house, continue to receive medical attention and attend Alcoholics Anonymous meetings.
The Journal
a day ago
- Politics
- The Journal
Man spared trial after apologising to Paul Murphy for threatening to 'slit' his wife's throat
A MAN WHO threatened Paul Murphy TD with slitting his wife's throat has been spared trial and jail after apologising and citing a psychotic episode. Dublin District Court had sought fitness-to-plead psychiatric reports on the accused, and today, 42-year-old Joseph Cloherty's non-jury hearing was expected to go ahead. Cloherty, of no fixed address, had earlier indicated that he would contest the charge, requiring Murphy to come to court and testify. However, Judge John Hughes heard that the prosecution was not proceeding and applying to withdraw the case. Judge Hughes noted that this followed a letter being sent by Cloherty to the Dublin South-West TD, apologising to both him and his wife, councillor Jessica Spear, and explaining the incident happened when he was going through a psychotic episode. The apology was acceptable to the TD, who was not required to give evidence and left the court as Judge Hughes struck out the proceedings. Defence solicitor Emer O'Sullivan also furnished a medical report on her client, who pleaded guilty to unrelated public order offences, resulting in a one-month suspended sentence. Cloherty had nine prior convictions, mainly public order and motoring offences. The threatening encounter with the politician occurred after the politician canvassed about abortion laws in Tallaght on 23 May, 2023. Cloherty faced a charge under section 5 of the Non-Fatal Offences Against the Person Act. Cloherty was accused of having, without a lawful excuse, made a threat to Paul Murphy, intending him to believe it would be carried out that he would kill or cause serious harm to Jessica Spear. Earlier, the court heard that Cloherty had been hospitalised involuntarily. A preliminary hearing in January was told that he denied the charge that he threatened the politician to his face that his wife would be seriously harmed. Spear is a People Before Profit councillor for Tallaght Central. Advertisement The Director of Public Prosecutions directed summary disposal of the case at the District Court level. Outlining the evidence, Garda Elaine Markham had said that the TD had set up a stall at Belgard Square. He was giving out leaflets about a pro-abortion bill when the accused allegedly 'walked up to Paul Murphy and threatened to slit his wife's throat'. Gardai took statements from her and the TD. 'That's a lie,' Cloherty had told the court after it heard a summary of the evidence. Cloherty had said 'they were talking about killing babies'. On conviction, the threat could have led to a fine and a 12-month sentence. Today, Garda Sergeant Nigel Petrie gave evidence on the two remaining unconnected offences, the use of threatening, abusive, insulting behaviour in public and resisting arrest on 9 January. Sergeant Petrie said he spoke to Cloherty near the Royal Canal Bank in Dublin and was about to arrest him over a warrant. Cloherty angrily shouted: 'You have now entered the arena; you don't know what you've just done.' He resisted gardai handcuffing or putting him into a patrol car, but the sergeant volunteered that it ranked at two or three out of ten in terms of seriousness. He stressed that Cloherty subsequently sought him out to apologise, adding that he is now a very different man from the agitated person he met on the date of the arrest. O'Sullivan, pleading for leniency, said Cloherty was in homeless accommodation but goes to his mother's house every day. She and Cloherty's brother-in-law came to court, and the solicitor emphasised that he had family support and was now on antipsychotic medication. Noting his apology, medical report and mitigation plea, Judge Hughes suspended the one-month term on condition he does not re-offend for two years, stays off cocaine and cannabis, and continues to attend appointments with a mental health professional and follow their directions.
Irish Examiner
a day ago
- Politics
- Irish Examiner
Case withdrawn against man who threatened to slit throat of TD Paul Murphy's partner
A man who threatened People Before Profit TD Paul Murphy with slitting his wife's throat has been spared trial and jail after apologising and citing a psychotic episode. Dublin District Court had sought fitness-to-plead psychiatric reports on the accused, and on Thursday, 42-year-old Joseph Cloherty's non-jury hearing was expected to go ahead. Mr Cloherty, of no fixed address, had earlier indicated he would contest the charge, requiring Mr Murphy to come to court and testify. However, Judge John Hughes heard the prosecution was not proceeding and applying to withdraw the case. Judge Hughes noted this followed a letter being sent by Mr Cloherty to the Dublin South-West TD, apologising to both him and his wife, councillor Jessica Spear, and explaining the incident happened when he was going through a psychotic episode. The apology was acceptable to the TD, who was not required to give evidence and left the court as Judge Hughes struck out the proceedings. TD Paul Murphy leaving Dublin District Court on Thursday after the judge struck out proceedings. Defence solicitor Emer O'Sullivan also furnished a medical report on her client, who pleaded guilty to unrelated public order offences, resulting in a one-month suspended sentence. Mr Cloherty had nine previous convictions, mainly public order and motoring offences. The threatening encounter with the politician occurred after the politician canvassed about abortion laws in Tallaght on May 23, 2023. Mr Cloherty faced a charge under section 5 of the Non-Fatal Offences Against the Person Act. Mr Cloherty was accused of having, without a lawful excuse, made a threat to Paul Murphy, intending him to believe it would be carried out, that he would kill or cause serious harm to Jessica Spear. Noting his apology, medical report and mitigation plea, Judge Hughes suspended the one-month term on condition he does not re-offend for two years, stays off cocaine and cannabis, and continues to attend appointments with a mental health professional and follow their directions.
Sunday World
a day ago
- Sunday World
Man who threatened TD Paul Murphy's wife is spared trial after apologising
Mr Cloherty, of no fixed address, had earlier indicated that he would contest the charge, requiring Murphy to come to court and testify. A man who threatened Paul Murphy TD with slitting his wife's throat has been spared trial and jail after apologising and citing a psychotic episode. Dublin District Court had sought fitness-to-plead psychiatric reports on the accused, and today, 42-year-old Joseph Cloherty's non-jury hearing was expected to go ahead. Mr Cloherty, of no fixed address, had earlier indicated that he would contest the charge, requiring Murphy to come to court and testify. However, Judge John Hughes heard that the prosecution was not proceeding and applying to withdraw the case. Judge Hughes noted that this followed a letter being sent by Cloherty to the Dublin South-West TD, apologising to both him and his wife, councillor Jessica Spear, and explaining the incident happened when he was going through a psychotic episode. The apology was acceptable to the TD, who was not required to give evidence and left the court as Judge Hughes struck out the proceedings. Joseph Cloherty News in 90 Seconds - June 19th Defence solicitor Emer O'Sullivan also furnished a medical report on her client, who pleaded guilty to unrelated public order offences, resulting in a one-month suspended sentence. Cloherty had nine prior convictions, mainly public order and motoring offences. The threatening encounter with the politician occurred after the politician canvassed about abortion laws in Tallaght on May 23, 2023. Cloherty faced a charge under section 5 of the Non-Fatal Offences Against the Person Act. Read more Euromillions winner makes contact after buying €250m ticket in Cork shop Mr Cloherty was accused of having, without a lawful excuse, made a threat to Paul Murphy, intending him to believe it would be carried out that he would kill or cause serious harm to Jessica Spear. Earlier, the court heard that Mr Cloherty had been hospitalised involuntarily. A preliminary hearing in January was told that he denied the charge that he threatened the politician to his face that his wife would be seriously harmed. Ms Spear is a People Before Profit councillor for Tallaght Central. The Director of Public Prosecutions directed summary disposal of the case at the District Court level. Outlining the evidence, Garda Elaine Markham had said that the TD had set up a stall at Belgard Square. He was giving out leaflets about a pro-abortion bill when the accused allegedly "walked up to Paul Murphy and threatened to slit his wife's throat". Gardai took statements from her and the TD. "That's a lie," Mr Cloherty had told the court after it heard a summary of the evidence. Mr Cloherty had said, "They were talking about killing babies." On conviction, the threat could have led to a fine and a 12-month sentence. Today, Garda Sergeant Nigel Petrie gave evidence on the two remaining unconnected offences, the use of threatening, abusive, insulting behaviour in public and resisting arrest on January 9. Sergeant Petrie said he spoke to Cloherty near the Royal Canal Bank in Dublin and was about to arrest him over a warrant. Cloherty angrily shouted, "You have now entered the arena; you don't know what you've just done". He resisted gardai handcuffing or putting him into a patrol car, but the sergeant volunteered that it ranked at two or three out of ten in terms of seriousness. He stressed that Cloherty subsequently sought him out to apologise, adding that he is now a very different man from the agitated person he met on the date of the arrest. Ms O'Sullivan, pleading for leniency, said Cloherty was in homeless accommodation but goes to his mother's house every day. She and Cloherty's brother-in-law came to court, and the solicitor emphasised that he had family support and was now on antipsychotic medication. Noting his apology, medical report and mitigation plea, Judge Hughes suspended the one-month term on condition he does not re-offend for two years, stays off cocaine and cannabis, and continues to attend appointments with a mental health professional and follow their directions.
RTÉ News
a day ago
- Politics
- RTÉ News
Man apologises for threating TD Paul Murphy's wife
A man who threatened Dublin South-West TD Paul Murphy with slitting his wife's throat has been spared trial after apologising and citing a psychotic episode. Dublin District Court had sought fitness-to-plead psychiatric reports on 42-year-old Joseph Cloherty and his non-jury hearing was expected to go ahead today. Cloherty, of no fixed address, had earlier indicated that he would contest the charge, requiring Deputy Murphy to come to court and testify. However, Judge John Hughes was told that the prosecution was not proceeding and applying to withdraw the case. The judge noted that this followed a letter from Cloherty to Mr Murphy, apologising to both him and his wife, Councillor Jessica Spear, and explaining that the incident happened when he was going through a psychotic episode. The apology was acceptable to the TD, who was not required to give evidence and left the court as Judge Hughes struck out the proceedings. Defence solicitor Emer O'Sullivan also furnished a medical report on her client, who pleaded guilty to unrelated public order offences, resulting in a one-month suspended sentence. Cloherty had nine prior convictions, mainly public order and motoring offences. The threatening encounter with Mr Murphy occurred after the TD canvassed about abortion laws in Tallaght in Dublin on 23 May 2023. Cloherty faced a charge under section 5 of the Non-Fatal Offences Against the Person Act. He was accused of having, without a lawful excuse, made a threat to Mr Murphy, intending him to believe it would be carried out that he would kill or cause serious harm to Ms Spear. Earlier, the court heard that Cloherty had been hospitalised involuntarily. A preliminary hearing in January was told that he denied that he threatened the politician to his face that his wife would be seriously harmed. Ms Spear is a People Before Profit councillor for Tallaght Central. The Director of Public Prosecutions directed summary disposal of the case at district court level. Outlining the evidence, Garda Elaine Markham said that the TD had set up a stall at Belgard Square. He was giving out leaflets about a pro-abortion bill when the accused allegedly "walked up to Paul Murphy and threatened to slit his wife's throat". Gardaí took statements from Cllr Spear and Deputy Murphy. "That's a lie," Cloherty had told the court after it heard a summary of the evidence. He said: "They were talking about killing babies". On conviction, the threat could have led to a fine and a 12-month sentence. Sergeant Nigel Petrie gave evidence on the two remaining unconnected offences - the use of threatening, abusive, insulting behaviour in public and resisting arrest on 9 January. Sgt Petrie said he spoke to Cloherty near Royal Canal Bank in Dublin and was about to arrest him over a warrant. Cloherty angrily shouted: "You have now entered the arena; you don't know what you've just done". He resisted handcuffing the accused or putting him into a patrol car, but the sergeant volunteered that it ranked at two or three out of ten in terms of seriousness. He stressed that Cloherty subsequently sought him out to apologise, adding that he is a very different man from the agitated person he met on the date of the arrest. Ms O'Sullivan, pleading for leniency, said that her client was in homeless accommodation but goes to his mother's house every day. She and Cloherty's brother-in-law came to court and the solicitor emphasised that he had family support and was now on antipsychotic medication. Noting his apology, medical report and mitigation plea, Judge Hughes suspended the one-month term on condition he does not reoffend for two years, stays off cocaine and cannabis, and continues to attend appointments with a mental health professional and follow their directions.
