Monthly Archives: March 2018

Court of Appeal deliveres decision on rights of voluntary patients

In February 2018, the Court of Appeal delivered its judgement in an appeal against a ruling of the High Court that the refusal of medical staff to release a voluntary patient from a psychiatric institution when he expressed a wish to leave was not unlawful.

When the matter came on for hearing, the Court was told that following a psychotic episode at his home on August 26, 2011, PL became a voluntary patient at St Patrick’s University Hospital; he was admitted to the Special Care Unit (SCU) where on the following day he was examined by a consultant psychiatrist. A care plan was devised, which involved close observation and medication. PL remained a voluntary patient until September 13, 2011, when he expressed a desire to leave the hospital....
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Lemsip may have contributed to woman’s death as she battled cancer

The 48-year-old Kildare woman was diagnosed with the disease after a lesion was detected in her mouth Lemsip may have contributed to a woman’s death as she was not aware it contained paracetamol, an inquest heard. Colette Whittle died in hospital on August 3, 2016, four days after she was admitted for cancer treatment. The 48-year-old, from Co Kildare, was diagnosed with the disease after a lesion was detected in her mouth. She was a smoker but was trying to give up, Dublin Coroner’s Court heard. Dr Myra Cullinane described the cancer diagnosis as “very, very severe with a poor outlook”. The lesion, which was 4.5cm wide, was diagnosed through a screening at St James’s Hospital in May 2016 following a referral by the woman’s dentist. It had spread locally and had entered the lymph nodes, the...
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Woman who helped save baby in Buncrana drowning tragedy sues victims’ family

  A nurse who helped rescue the baby saved in the Buncrana drowning tragedy is suing the family of those who perished in the tragedy. Stephanie Knox was along with her then-boyfriend Davitt Walsh on March 20th, 2016 when a jeep slipped into Lough Swilly off Buncrana Pier. Five members of the same family drowned in the tragedy while Mr Walsh managed to heroically save the life of baby Rioghnach Ann, who was just four months.   Mr Walsh swam to the car and rescued the child before Ms Knox wrapped the bay up and waited for the emergency services to arrive. Now the family of those who drowned in the tragedy have revealed that Ms Knox, a cardiac physiologist, has served them with a legal letter. Mr Noel McGrotty, aged 86, confirmed he received a letter...
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Brothers injured in SUV crash awarded total of €85,000

Mr Nolan, who appeared with O’Brien Ronayne Solicitors, told the court that when the rear driver’s side wheel detached from the Kia SUV the vehicle went out of control and struck the centre barrier, injuring all of the occupants. James Sweeney (ll), Stephen (15) and Jason (17) sued Pat White Cars, Longmile Road, Dublin; Kia Motors (UK), Calmount Park, Dublin and their father Simon Sweeney, Kilcarrig Close, Fettercairn, Tallaght, Dublin 24, who had been driving the car at the time. James was awarded €25,000; Jason was awarded €35,000 and brother Stephen was awarded €25,000 against Pat White Cars and Kia Motors UK, both of whom had made settlement offers in the case. Barrister John Nolan told Circuit Court President Raymond Groarke in the Circuit...
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Woman jailed for killing her boyfriend in YouTube prank

A woman in the US has been jailed for killing her boyfriend in a stunt gone wrong which they hoped would go viral on the video sharing site, YouTube. The BBC are reporting how Monalisa Perez, now 20, was asked by Pedro Ruiz, 22, to fire a gun from 30cm away, believing a thick book he held in front of his chest would shield him. The bullet pierced the 1.5in book and fatally wounded Ruiz. Minnesota Judge Jeffrey Remick set out the terms agreed under plea bargaining on Wednesday. Perez will: Serve a 180-day jail term. This will be an alternating 10 days in jail and 10 days out for the first six months, amounting to 90 days behind bars. The remaining 90 days can be served in home confinement. The jail time can...
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€52k High Court award for fall off horse at Castle Leslie

A woman who was thrown from a horse when a dog ran into her path as she was out riding at the Castle Leslie estate in Co Monaghan has been awarded €52,000 by the High Court. Mr Justice Anthony Barr said Jacqueline Whelan suffered a nasty injury as a result of falling from the horse while on a weekend break at the Monaghan estate two years ago. The judge said Ms Whelan was knocked unconscious for a short period and had pain in her lower back area afterwards. The main area of concern, the judge said, was the extensive area of bruising which became infected and Ms Whelan developed a blister. Mr Justice Barr said he accepted Ms Whelan's evidence she experienced considerable pain and discomfort during this period after the accident. Jacqueline Whelan (aged...
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Couple in High Court row after getting divorced twice

An estranged French couple became embroiled in a High Court row in London after getting divorced twice. A High Court judge heard how Dominique and Doh Mensah had been granted divorce decrees in France and England and was asked to decide which order should stand. Mr Mensah, who is in his 60s, said a decree made by a judge in a Paris suburb in 2015 should be upheld. His ex-wife, who is in her 50s, said a decree granted in England in 2016 should be recognised. Mrs Justice Theis, who analysed the case at a hearing in the Family Division of the High Court, has ruled in favour of Mr Mensah. She decided that the earlier French divorce should be recognised and the English decree nullified. If you are affected by any of the items in...
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Naked violinist takes nude protest case before federal judges

For 50 minutes Thursday, a group of judges considered the case of a man who stripped naked outside the federal courthouse in downtown Portland, played violin beside the engraving of a Thomas Jefferson quote and then sat for hours on the ground before his arrest. A three-judge panel of the 9th U.S. Circuit Court of Appeal peppered lawyers for Matthew Mglej and the city of Portland with questions about what Oregon law allows when it comes to protesting nude and exactly what message Mglej was trying to send. Mglej's lawyer Matthew Gordon argued that Portland police wrongfully arrested his client on May 23, 2014, because the city's indecent exposure ordinance protects nudity intended as a symbolic "communicative act'' or protest. He cited a 1985 Oregon Court of Appeals case in support. Mglej was...
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Nine men appear in court in connection with Tallaght incidents

Nine men have appeared in court charged in connection with two burglaries at two shops in Dublin on Friday night. A Lidl supermarket was looted and bulldozed with a digger, while a Centra shop was also broken into. Nine men were brought by gardaí to the Courts of Criminal Justice yesterday morning following the series of incident in west Dublin. The Lidl supermarket on Fortunestown Lane was raided and looted, with the safe removed and found partially open outside. The supermarket was then bulldozed with a stolen digger and the structure collapsed. The Centra store in Jobstown was also broken into after a con saw was used to cut a hole in the front. Civil defence, army trucks and snowploughs had to be utilised to bring Garda reinforcements to the scenes.   Source : RTE...
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