High Court

Injunction against protest in Ballinamore to remain in place until December 6

Leitrim Observer Reporter

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Leitrim Observer Reporter

Injunction against protest in Ballinamore to remain in place until December 6

The matter is before the High Court

Last Friday, Remcoll 2 Ltd, the owners of the Rock Centre building in Ballinamore, obtained an interim injunction preventing the protesters from interfering with the completion of the work.

The case was back before Mr Justice Max Barrett in the High Court today, November 20.

Six named people were injuncted from besetting, trespassing and impeding access. The were local Fine Gael councillor Ita Reynolds, auctioneer Gordon Hughes, pharmacist Brian Cribbin and businessmen Adrian Smith, Fred Walsh and Desmond Wisley. The injunction, which was posted at the building, also applied to all others with notice of it.

Bernard Dunleavy SC, for Remcoll 2 told the court there had been compliance with the court order. The fence had been removed, barrels used for fires and tents were gone and the protesters were also gone.

Workers are able to gain access and the completion works will be done in accordance with the expected timeline, the court heard.

Mr Dunleavy said he was seeking to have the injunction continued pending full hearing of the case but asked that only the interim order stay in place until a short adjournment requested by the defence.

Maura McNally SC, for the six named defendants, said her side needed time to respond as her clients only received the papers on Sunday. Her clients wanted the opportunity to address the substance of the case as they believed they were "somewhat blackened" by the allegations. 

Each of them "have taken umbrage" at the allegations and want to address them in their own affidavits rather than in a collective affidavit, counsel said. In those circumstances, she was looking for a two-week adjournment to put in replies.

 
Mr Justice Barrett adjourned the matter to December 6 and said the interim order will remain in force until then.

Also read: Deputy Martin Kenny responds to Ballinamore Community Group