Barrister's mobile phone driving conviction quashed by High Court
Bartholomew Anthony O'Neill, 52, a trained barrister, had his conviction and €120 fine for holding a mobile phone while driving quashed by Mr Justice Garrett Simons at the High Court, who found the District Court judge had conducted a 'fundamentally unfair' and 'hostile' hearing in late 2023. The High Court will hear from O'Neill and the DPP on whether to remit the case for fresh consideration.
- Reportednot reported
- Arrestednot reported
- Charged17 Jan
- In court17 Jan
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports37 statements extracted from the articles
- whatO'Neill was charged with holding a mobile phone while driving under section 3 of the 2006 Road Traffic Act. (irishtimes.com)
- whatO'Neill claims that when using his phone with headphones it becomes a hands-free device he can lawfully hold. (irishtimes.com)
- whatBen Keating is a three-year-old boy who injured his arm in a creche playground (irishtimes.com)
- whatBen fell and double fractured his right forearm and wrist (irishtimes.com)
- whatBen was allegedly unsupervised in the creche playground (irishtimes.com)
- whatBen's mother was the first to notice the injury when she arrived to pick him up (irishtimes.com)
- whatThe creche noted in a report that Ben had fallen from a bicycle without suffering an injury (irishtimes.com)
- whatCCTV obtained after the incident showed Ben climbing a fence, suggesting the injury was caused by a fall from it (irishtimes.com)
- whatBen said he had fallen from the fence (irishtimes.com)
- whatBen missed two weeks from school (irishtimes.com)
- whatBen remained in a cast for two months before the hospital replaced it with a sling worn for a further two weeks (irishtimes.com)
- whatAfter six weeks the injury was healing well with no further ongoing effects (irishtimes.com)
- whatThe victim sustained blows to the head and elbow. (irishtimes.com)
- whatCCTV footage showed the Maughan brothers exiting a car and approaching the injured party. (irishtimes.com)
- whatJason Maughan hid the bat in the back garden before leaving the jurisdiction. (irishtimes.com)
- whatMolly Roberts called an ambulance. (irishtimes.com)
- whatThere had been a verbal argument between the Maughan brothers and Mr Wallace earlier in the day. (irishtimes.com)
- whatThe brothers left the jurisdiction but returned the following morning and handed themselves into gardaí. (irishtimes.com)
- whereThe incident occurred in the playground of Dundrum Montessori on Barton Road (irishtimes.com)
- whereThe assault took place at Park Road, Mullaghmonaghan, Co Monaghan. (irishtimes.com)
- whenThe incident occurred on 18 November 2022 (irishtimes.com)
- whenThe assault occurred on 14 January 2024. (irishtimes.com)
- weaponJason Maughan struck the victim with a steel baseball bat. (irishtimes.com)
- weaponStephen Maughan also had a wooden bat. (irishtimes.com)
- investigationBoth weapons associated with the case have been recovered. (irishtimes.com)
- courtMr Justice Garrett Simons at the High Court quashed the conviction. (irishtimes.com)
- courtJudge Jennifer O'Brien approved the offer (irishtimes.com)
- courtBarrister Mark J Byrne appeared with Tracey Solicitors for the claimant (irishtimes.com)
- courtThe Maughan brothers were denied bail and remanded in custody. (irishtimes.com)
- courtMolly Roberts was remanded in custody with consent to bail on an independent surety of €2,500. (irishtimes.com)
- courtThe defendants are to appear via video link at Monaghan District Court on Monday, 20 January. (irishtimes.com)
- courtThe hearing was before Judge Raymond Finnegan at Cavan District Court. (irishtimes.com)
- sentenceBen was awarded €15,000 in the Circuit Civil Court (irishtimes.com)
- sentenceThe creche made an offer of €15,000 along with Circuit Court costs (irishtimes.com)
- otherBen's father is Eoin Keating of Taney Crescent, Dundrum, Dublin 14 (irishtimes.com)
- otherNone of the defendants have previous convictions. (irishtimes.com)
- otherThe Maughan brothers have ties to Northern Ireland because their father is from there. (irishtimes.com)
The reporting
newest first- 17 Jan2025Duo accused of serious assault in Monaghan are refused bail
Bail hearing at Cavan District Court; CCTV evidence described showing Jason Maughan striking the victim with a steel baseball bat; victim in induced coma at Beaumont Hospital; both weapons recovered; Maughan brothers denied bail, Roberts granted consent to bail.
victim, Declan Wallace, male, irish (judged from name)Declan Wallaceaccused, Stephen Maughan, 23, male, named, irish (judged from name)Stephen Maughanaccused, Jason Maughan, 25, male, named, irish (judged from name)Jason Maughanaccused, Molly Roberts, 21, female, named, irish (judged from name)Molly Roberts - 17 Jan2025Boy (3) double fractured arm while allegedly unsupervised in creche playground, court told
Circuit Civil Court awarded €15,000 in damages to Ben Keating for a double fractured arm sustained in a creche playground in November 2022; CCTV showed him climbing a fence and the creche's report of a bicycle fall was contradicted.
victim, Ben Keating, 3, male, Irish, irishBen Keatingvictim, Eoin Keating, male, Irish, irishEoin Keating - 17 Jan2025Barrister received ‘unfair hearing’ from ‘hostile’ District Court judge in driving offence case
High Court quashed the District Court conviction and €120 fine, finding the trial judge was hostile, took over cross-examination, suspended the hearing without reason, and failed to properly consider a request to refer legal questions to the High Court. The case may be remitted for fresh consideration.
accused, 52, male, irish (judged from name)