Other court stories in brief.
Injunction to halt prison work refused
The High Court has refused to grant an injunction halting work on the site of the proposed new prison at Thornton Hall in north Co Dublin to a local man, writes Mary Carolan.
Michael Kavanagh, who has lived in Kilsallaghan, Co Dublin, all of his life, had sought the interlocutory injunction pending the outcome of his full court challenge to the prison development.
In his ruling yesterday, Mr Justice Thomas Smyth said he was satisfied, on the balance of convenience, on the basis of the evidence as a whole and in light of the submissions of the sides, that the injunction should not be granted.
He also stressed that both the anxieties raised by Mr Kavanagh and the public nature of the new prison project warranted an early hearing of the full case. A date for that hearing has been set for July 24th but discovery issues have yet to be finalised.
Farmer fined for cattle rules breach
A Co Monaghan farmer pleaded guilty to two charges of possession of an animal with a tampered tag contrary to the brucellosis in cattle regulations at Cootehill District Court, Co Cavan, yesterday.
Morris Herron, Derry, Latton, Castleblayney, also pleaded guilty to eight charges of failure to maintain a bovine herd register.
Louis Reardon, a veterinary surgeon with the Department of Agriculture and Food, said three tag-tampering devices were discovered in a search of Herron's premises on May 25th, 2005.
On the tag-tampering charges, Judge Seán MacBride imposed a three- month custodial sentence suspended for three years, provided Herron is of good behaviour during the period.
Fines totalling €6,800, legal costs of €2,500 plus VAT and witness expenses of €450 were also imposed.
Father tells of restraining youth
A Kilkenny father has described at the Central Criminal Court how he ran into his daughter's bedroom and struck a youth with a hurling stick after hearing her scream: "Daddy, I'm being raped." He said he then restrained the youth until gardaí arrived and took him into custody.
Earlier, his now 15-year- old daughter denied a suggestion during cross- examination by defence counsel Jeremy Maher SC, that there was a second man in the room who was the person who sexually assaulted her while, Mr Maher said, "the accused sat in the corner sending and receiving text messages". The girl gave evidence by video link.
A 19 year-old man has pleaded not guilty to attempted rape, attempted oral rape and sexual assault of the then 13-year-old girl at her home on October 9th, 2005.
Man granted house ownership
A taxi driver who claimed that since 1986 he had been buying and not renting a €400,000 house from his brother, was told by a judge yesterday that the property is his.
John Dowling and Rita Proudfoot claimed they bought the house from Paul Dowling and his wife, Gemma, when they emigrated. It had never been transferred into his name because of marital/ relationship problems.
Mr Justice Esmond Smyth granted John Dowling and Rita Proudfoot a declaration that they were the legal and beneficial owners of the house.