Two building workers jailed for flouting court orders restraining picketing of two Dublin building sites were carried shoulder-high by co-workers after they were freed by a High Court judge yesterday.
Bricklayer Mr David McMahon (23) and Mr William Rodgers (28), both from Tallaght, Dublin, spent 48 hours in Mountjoy Prison before their release following undertakings given yesterday to Mr Justice Kelly.
The men were eventually freed yesterday afternoon after the hearing was initially adjourned for an hour because uproar broke out during their first appearance in the court, which was packed with construction workers.
Mr McMahon was first asked to give undertakings not to picket, attend at or interfere with access or egress to the sites at Merrion Road and Conyngham Road, Dublin. He gave those undertakings.
But bedlam broke out when the judge then asked Mr McMahon whether he apologised in respect of his failure to comply with the court order to date.
There were shouts of "Never say sorry" and "No way" from many of the workers seated at the rear of the court.
The judge then said he had made it clear the courtroom was not a place of public protest or entertainment. He adjourned the case and cleared the courtroom.
As the courtroom was being cleared, the crowd began to shout and started clapping. Mr McMahon, who was in the witness box, put his hands above his head and also clapped. Many of the workers outside then started trying to push their way into the courtroom again but gardai held the doors.
Following the adjournment, lawyers had talks with the men outside the courtroom before going to see Mr Justice Kelly in his chambers. Shortly afterwards, the court resumed.
Mr Rory Brady SC, for Capel Developments Ltd and John O'Connor Construction, which had obtained injunctions against the two men restraining picketing of the Merrion Road and Conyngham Road sites, said the Construction Industry Federation had confirmed it was available to meet the Building and Allied Trades Union "at any time". His clients were committed to those negotiations and had submitted proposals through the CIF.
Counsel said his clients would like it to be said their sites were operated properly and were not black economy sites, which fact had been acknowledged by the Irish Congress of Trade Unions.
Mr Dan Sullivan, for BATU, said the union was also committed to the success of the negotiations.
Mr McMahon then returned to the witness box. Mr Justice Kelly said he had concern for him because he had been in prison for two days. Mr Justice Kelly said he was satisfied as to Mr McMahon's future conduct and asked, having regard to what had happened, whether it had been his intention to flout the authority of the court. Mr McMahon replied: "No." The judge ordered his release.
The second defendant, Mr Rodgers, gave similar undertakings and also agreed it had not been his intention to flout the court's authority.
Releasing the men, the judge wished them well, said they were free to go and hoped they would have a pleasant weekend.