A round-up of today's news stories in brief
Body of diver found off Donegal
The body of a diver who went missing on Sunday off the northwest Donegal coast has been recovered following a search and rescue operation overseen by the Malin Head Coast Guard. It is understood that colleagues from the dead man's seven-person dive team found his body near Horn head.
Travellers challenge council
A Traveller family with two sick children have brought High Court proceedings against Wexford County Council arising out of a refusal to grant them accommodation close to their relatives.
It is claimed the council's refusal arises from an alleged policy that no more than one in 10 inhabitants of a council estate may be Travellers. Andy and Bridget Connors, who live in a caravan at Clonroche, are seeking a court order quashing the county council's decision of July 23rd that the family cannot be accommodated in social housing in Clonroche.
Leave to bring judicial review proceedings was granted yesterday by Mr Justice Michael Peart.
Extension for abuse commission
The Government has given the commission of inquiry into clerical sexual abuse in the Catholic archdiocese of Dublin a 12-month extension to allow it to complete its work, writes Stephen Collins. The commission was appointed in March last year and was due to finish its work by September 20th.
It was set up to investigate the handling of clerical child sex abuse allegations in the archdiocese from January 1975 to April 2004. It is chaired by Judge Yvonne Murphy of the Circuit Court, assisted by barrister Ita Mangan and solicitor Hugh O'Neill. It has heard evidence from witnesses in private.
Former soldier loses assault claim
A former soldier who claimed he was sexually assaulted by a sergeant major during his time in the Army has lost his High Court claim that the Minister for Defence and State are liable for the alleged assaults.
The president of the High Court, Mr Justice Richard Johnson, yesterday dismissed the man's claim of vicarious liability.
The former soldier had claimed the Army failed to protect him from a number of alleged sexual assaults by Sgt Maj Patrick Devereaux, Dún Na Rí, Glenabbey Road, Kildare, between 1990 and 1995.
Mr Justice Johnson noted that Mr Devereaux did not appear and did not contest the allegations in court. The judge said he had been informed a compromise has been reached between Mr Devereaux and the former soldier.
Mr Justice Johnson found the former soldier was telling the truth, that the assaults took place, that he suffered post-traumatic stress disorder and that this affected him. However, overall, he believed the balance in this case lies against vicarious liability.
The events took place in the early 80s and 90s when the antenna of the the ordinary reasonable person was far less acute to the potential for sexual abuse or sexual assault than they are today, the judge said. The population was now a great deal more sensitive to matters which 20 years ago would not have drawn any attention whatsoever.
Mr Justice Johnson said he was satisfied that if any NCOs or others had any real apprehension regarding the behaviour of Sgt Major Devereaux, they would have given notice one way or another through the preferred routes as laid in the Army code.
He said he was reinforced in his view by the speedy action of a battery sergeant who, when later informed of the alleged events, had immediately reported to superior officers and told them of the soldier's claim.
This occurred despite his been bound to secrecy by the soldier, the judge said.