The father of a young motorcyclist who died in a collision five years ago told a judge yesterday that he owed it to his son to contest blame being laid on his boy. Counsel for the motorist involved, barrister Mr Alan Toal, was seeking a permanent injunction preventing Mr Sean Casey, of Balally Drive, Sandyford, Dublin, from intimidating and interfering with him. Mr Casey told Judge Raymond Groarke that Mr Toal had not been insured, and that he and his wife had settled a damages claim against him for £6,000.
His counsel, Ms Pauline Walley, said Mr Casey had accepted the compromise on the basis that it covered repairs to his son's motorbike, and funeral and legal costs. He had been of the opinion at the time that responsibility for the accident had been shared.
Mr Casey, in an affidavit, told the Circuit Civil Court that he later learned that Mr Toal, of Harbour Road, Sandycove, Co Dublin, had sued his son's insurance company, Norwich Union, for damages for mental distress and psychological trauma, and had settled his claim for £22,500.
Ms Walley said Mr Casey became very upset that Mr Toal was then visiting fault for the accident on his son, and felt he had owed it to him not to allow that to happen.
The court was told by Mr Fergal Foley, counsel for Mr Toal, that as a result of letters having been sent by Mr Casey to his client and demands for money having been made, Mr Toal had obtained an injunction restraining Mr Casey from further interfering with him.
Judge Groarke said it was appropriate that Mr Casey and his family should be given every solace and comfort for the loss of their son. He said that even after an interim injunction had been granted against Mr Casey he had insisted in writing further letters, albeit to Mr Toal's solicitors, for the purpose of intimidating Mr Toal.
"I have every sympathy for Mr Casey insofar as the loss he has sustained has undoubtedly caused him to lose sight of the usual common sense he would apply. But conduct which undoubtedly am ounts to watching and besetting, and trespass on the person, cannot be tolerated."
Judge Groarke said he felt Mr Toal was entitled to an order for a permanent injunction against Mr Casey. But he felt the defendant was now aware that his conduct must cease and he was prepared to accept his undertaking, given to the court, in the terms of the interim injunction already in being.