A round-up of today's other stories in brief.
Witness tells court of Real IRA claim
A man accused of IRA membership told another man he was the head of the Real IRA and "more powerful than anyone else", the Special Criminal Court heard yesterday.
Kenneth Kelly was giving evidence in the trial of Joseph Clarke (37), Forestwood Close, Santry Avenue, Dublin, who denies membership of an unlawful organisation.
Mr Kelly told Tom O'Connell SC, prosecuting, that Mr Clarke told him he was planning to take control of all the pub and club security in Dublin.
Mr Clarke threatened to kill him and his family if he did not co-operate. Mr Kelly said his company, Complete Security Companies, used to provide security for pubs and clubs before it went out of business. When he was introduced to Mr Clarke, he was told Mr Clarke was looking for his advice on how to regulate his own security company.
However, he said that when they met, Mr Clarke told him he wanted to operate his own business through his security company. Mr Clarke told him that the profits would go straight to him and that "certain donations had to be given to the Real IRA. He told me he was the OC of the Real IRA."
Under cross-examination by Diarmaid McGuinness SC, defending, Mr Kelly agreed he never paid Mr Clarke any money, but said Mr Clarke took it from him through other people. Mr McGuinness then asked him why he did not assist gardaí when he was taken in for questioning in December 2006. Mr Kelly replied: "I was terrified for my life and my family."
The trial continues.
Judge's treatment of solicitor wrong
A District Court judge's refusal to hear a solicitor defend his client in court was "entirely misconceived in law and wrong", a High Court judge ruled yesterday when upholding the solicitor's challenge to Judge Oliver McGuinness's conduct.
Mr Justice John Hedigan said solicitor Damien Tansey, Wine Street, Sligo, had acted with dignity and without further ado - and greatly to his credit - had withdrawn from the court. He also noted that Judge McGuinness had accepted his action was wrong.
Mr Justice Hedigan granted Mr Tansey an order quashing the decision of Judge McGuinness not to hear Mr Tansey in his court. He also granted a declaration that the decision of the judge was unlawful, in excess of his powers and contrary to natural and constitutional justice.
The incident occurred on March 29th last when the judge told Mr Tansey he would not grant him a right of audience. The judge, who had found Mr Tansey to be in contempt of court 11 years previously, believed Mr Tansey's appeal against that decision was still unresolved.
State loses appeal against damages
The State has lost its Supreme Court appeal against a High Court award of a nominal €130 in damages to a builder who six years ago won his constitutional challenge to legislation requiring Dáil and European election candidates to pay election deposits.
The Supreme Court yesterday rejected the State's appeal against the damages awarded to Thomas Redmond on grounds his constitutional rights had been breached because of the requirement to pay an election deposit of IR£300. It also ruled that the State must pay legal costs.