In Short

A round-up of today's other court stories in brief...

A round-up of today's other court stories in brief...

Court awards €81,000 for breach of duty

A woman has secured €81,000 damages at the High Court arising from the failure to remove a swab from her body after the birth of her first child.

The action was taken by Mairead Lambe, a special needs assistant of Cornalara, Shercock, Co Cavan, against the Health Service Executive.

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Ruling on the action yesterday, Mr Justice John Quirke said Ms Lambe's claim was for neglect and breach of duty against the defendant during the birth of her eldest daughter on July 30th, 2004, at Our Lady of Lourdes Hospital, Drogheda.

The HSE had admitted a surgical swab was left in her body after a procedure was carried out but sought proof of the injuries allegedly sustained and the loss and damage claimed.

Mr Justice Quirke said he found Ms Lambe a truthful witness and was satisfied she had suffered severe pain. He fixed total damages of just over €81,000.

Court rules against 'Slab' Murphy

The Special Criminal Court has ruled that prominent republican Thomas "Slab" Murphy was lawfully returned for trial there on charges connected with alleged revenue offences.

The court made the ruling after Mr Murphy's counsel, Michael O'Higgins SC, challenged the validity of the document returning Mr Murphy for trial at the non-jury court from Dundalk District Court.

Mr Murphy (58), from Hackballscross, Co Louth, is being prosecuted on foot of an investigation by the Criminal Assets Bureau.

The court remanded him on continuing bail until the end of February.

Gilligan questions Cab legal officer

Convicted drug dealer John Gilligan has told the High Court the Criminal Assets Bureau (Cab) would not now be seeking to take over his and his family's properties if he had paid a €2.5 million tax bill.

While cross-examining Cab's legal officer, Frank Cassidy, yesterday, Gilligan put to him that the practice of taking tax which is the proceeds of crime was, in effect, "money laundering" by Cab.

Mr Cassidy said money laundering was about hiding, converting and disguising it from legitimate authorities. "Taking it and giving it to the Minister for Finance is not in any way disguising it, it is acknowledging it is the proceeds of crime," he said.

Gilligan, who has discharged his legal team and is representing himself in proceedings in which Cab wants a receiver appointed to rent and maintain certain properties owned by Gilligan and members of his family, said he was served with a tax bill, estimated by Mr Cassidy to be €2.5 million. Had he paid it, he would not be facing the current legal action to seize his property, he said.

The case continues.