Double-Murderer Challenges Home Exclusion Order in Waterford

Double-Murderer Challenges Exclusion Order, Seeks to Return to Family Home

A decades-old case of domestic violence and murder is back in the Irish High Court as Declan Power, convicted of killing his wife and her suspected lover, challenges a decision that effectively prevents him from living at his family home in County Waterford. The dispute centers on a restriction imposed as a condition of his parole, barring him from entering an 18-kilometer radius around the village of Clashmore, where one of the murders occurred. Power argues the condition is “grossly disproportionate” and an infringement on his rights.

The Crimes and Initial Release

Declan Power was convicted in 2003 at the Central Criminal Court after pleading guilty to the murders of Joan Power, 40 and Maurice ‘Mossie’ Curran, 48. The killings stemmed from Power’s suspicions that his wife was having an affair with Mr. Curran, a publican who owned The Decies Bar in Clashmore. According to court testimony from the original sentencing, Power struck his wife, Joan, with a rubber mallet and then fatally stabbed her at their home in Bawnacomera, Ardmore, Co. Waterford. He then drove to Clashmore and shot Mr. Curran twice with a sawn-off shotgun, pursuing and shooting him a third time as the publican attempted to flee.

Power received life sentences for both murders. He secured temporary release on strict conditions in April 2021, but the current dispute revolves around a subsequent decision by the Minister for Justice in June 2025, which imposed the 18-kilometer exclusion zone.

The Current Legal Challenge

Power initiated judicial review proceedings in November 2024, seeking to overturn the Minister’s decision. He initially secured a quashing of the exclusion zone determination in April 2025, with the case remitted back to the Minister for reconsideration. However, a subsequent decision in September 2025 upheld the restrictions, prompting Power to return to court. He claims the exclusion zone, while allowing him to travel within 6 kilometers of Clashmore for work, effectively bars him from residing at his family home, which is located approximately 7 kilometers from the village.

Power’s legal team argues the restriction is “unreasonable and irrational,” particularly as he has no need or desire to travel to Clashmore. He owns the property at Bawnacomera, having built it in 1981 and previously operating a mechanic’s garage there. Currently, he is employed as a driver transporting vehicles to a vehicle testing center in Cork and resides in an apartment in Dungarvan, Co. Waterford.

What Each Side Wants

Declan Power is seeking a court order quashing the Minister for Justice’s September 2025 decision, arguing We see “null, void and invalid” and infringes upon his constitutional rights. He wants the freedom to live at his family home without violating the terms of his parole. The Minister for Justice, is defending the restriction as a necessary measure to ensure public safety and prevent any potential for re-offending or contact with individuals connected to the original crimes.

How the Parole Process Works

In Ireland, parole is granted to prisoners who have served a portion of their sentence, subject to strict conditions designed to manage risk and facilitate reintegration into society. The Parole Board assesses prisoners for release based on factors such as their behavior in prison, their acceptance of responsibility for their crimes, and their potential for rehabilitation. Conditions of parole can include restrictions on movement, association, employment, and residence. The Minister for Justice has the authority to impose additional conditions, as seen in this case, based on concerns about public safety. These conditions are subject to judicial review, allowing individuals to challenge their legality, and proportionality.

Confirmed vs. Unclear

Confirmed: Declan Power was convicted of the murders of Joan Power and Maurice Curran in 2003. He was released on parole in April 2021 with conditions. The Minister for Justice imposed an 18km exclusion zone around Clashmore in June 2025, subsequently upheld in September 2025. Power is challenging this decision in the High Court. His home is within the exclusion zone.

Unclear: The specific reasoning behind the Minister’s decision to impose the 18km exclusion zone beyond general public safety concerns has not been fully detailed in available reports. The full arguments presented by the Minister’s legal team in court have not been publicly released. The potential outcome of the current High Court challenge remains uncertain.

Background: The Murders in 2002

The double murder shocked the community of Clashmore and garnered significant media attention in 2002. The case highlighted the devastating consequences of domestic violence and jealousy. Power’s actions were described in court as premeditated and brutal. He reportedly confessed to the crimes shortly after their commission. The case too raised questions about access to firearms and the adequacy of mental health support for individuals struggling with violent impulses.

What Happens Next

The High Court has granted Power permission to challenge the Minister’s decision. The case will now proceed to a full hearing, where both sides will present their arguments and evidence. Ms. Justice Sara Phelan will ultimately decide whether the exclusion zone is lawful and proportionate. If Power is successful, the Minister may be required to reconsider the conditions of his parole. If the Minister’s decision is upheld, Power will remain subject to the restrictions, potentially impacting his ability to fully reintegrate into society and live at his family home.