A Donegal firm on the centre of the faulty concrete blocks scandal might launch Excessive Court docket proceedings for defamation.
The declare was made this week by a solicitor representing Cassidy Brothers Concrete Merchandise Restricted at Buncrana District Court docket.
Mr Éamonn Dillon of Edmond J Dillon Solicitors, Listowel, County Kerry, instructed the courtroom that there have been ‘widespread assaults’ towards Cassidys since feedback made in courtroom by a director of the corporate in November.
Donegal County Council has taken authorized proceedings towards Cassidys for non-compliance with planning circumstances at its headquarters at Gransha, Buncrana.
Decide Éiteáin Cunningham requested for authorized submissions from each side and that these embody submissions ‘as as to if the courtroom has the ability to look behind the enforcement discover’.
An enforcement discover was served on the corporate in Could 2022 and in January 2023 a summons was issued, however in November the courtroom heard that Cassidys have been unable to discharge numerous monetary contributions, totalling over €670,000, to Donegal County Council. These monies have been a part of strict circumstances laid down by the native authority in granting planning permission for continuation of the quarrying works.
This week, Mr Kevin McElhinney, solicitor representing Donegal County Council, instructed Decide Cunningham throughout a sitting held at Letterkenny courthouse that the Council has obtained extra data from third events in reference to the case.
Mr McElhinney mentioned this was a ’important quantity of data’ and was one thing that will require him to make an software to the courtroom.
Mr Dillon mentioned any software within the matter can be a ‘pink herring’ and knowledgeable the courtroom that he would ‘vehemently oppose’ any such software.
“We all know precisely what the difficulty is,” Mr Dillon instructed the courtroom. “My shopper gave proof that quarrying had ceased within the quarry in a specified month. Clearly there was a backlog or a retailer of combination on the premises, which was moved over the approaching months.
“There have been widespread assaults on my shopper alleging, inter alia, perjury on the idea that lorries have been seen popping out of the quarry for plenty of months. My shopper’s proof was very clear: that was the date that quarrying had ceased. It’s totally accepted that materials was moved within the months after. It could be very unfair to my shopper if that was canvassed.”
Mr Dillon mentioned it was his expectation that there shall be Excessive Court docket proceedings launched for defamation.
Mr McElhinney mentioned the defence being run was being ‘contradicted’ by Mr Dillon’s feedback.
Decide Cunningham mentioned it could be ‘uncommon’ for recent proof to be admitted the place the prosecution has closed proof, however instructed the events that she’s going to hear any functions and objections earlier than making a choice.
“I felt on the proof that it could be prudent to obtain written submissions in mild of what got here out and likewise addressing whether or not the District Court docket has the ability to look behind the enforcement discover,” Decide Cunningham mentioned, placing the matter again to March 26, 2024.
In November, Ms Natasha Cassidy, a director of the corporate, addressed Buncrana District Court docket. From the witness field, she mentioned that the final blasting of rock befell in April 2021 and no extraction works have taken place since round August 2021.
Ms Cassidy mentioned {that a} ‘boycott marketing campaign began and escalated’ towards the corporate previous to the cessation of the quarrying.
“We weren’t receiving any cash as a result of clients wouldn’t pay,” Ms Cassidy mentioned. “It was very acute. The enterprise closed inside weeks. We aren’t able now with these monetary contributions.”
Mr Oisin Collins SC instructed the courtroom on that event that Cassidys ceased working in September 2021 and the location ‘was successfully pressured to shut’.
The courtroom heard beforehand how a planning enforcement officer visited the location in April 2022 and established that six of 18 problems with non-compliance have been both excellent or part-outstanding and an enforcement discover was issued in Could 2022.
The corporate was instructed to improve the Mill Brae junction, the intersection of Gransha Highway and Trying Glass Brae, to supply a widened kerbline as heavy items visitors was mounting and damaging the kerbs. Two pedestrian crossings have been to be put in at Gransha Highway in addition to numerous signage.
Numerous monies, in respect of a safety bond and monetary contributions referring to highway works and growth prices, and which totalled €671,199.64, have been nonetheless excellent and have been resulting from have been discharged by December 2020.
Cassidys’ authorized crew say defamation motion anticipated over feedback was final modified: January twenty fourth, 2024 by
