The High Court will hear Bord na Móna’s bid to have several individuals committed to prison over their alleged interference with the semi-State company’s work at a Co Laois bog next week.
Last summer, following an application by Bord na Móna, the High Court made orders restraining Liam Gorman and others from trespassing at Garrymore Bog, Tinnahinch.
The court also restrained Gorman and others from interfering with Bord na Móna’s work at the bog, which is owned by subsidiary company Bord na Móna Biomass Ltd.
Bord na Móna last month brought an application seeking Gorman’s attachment and committal to prison over his alleged contempt of those orders.
Gorman, an agricultural contractor from Silverwood, Mountmellick, Co Laois, has previously claimed his family owned some of the land for generations and that it had been abandoned by Bord na Móna.
Gorman, who is representing himself in the proceedings, asserts that he is not in breach of any court orders.
Bord na Móna also claims three other individuals are in contempt of the order not to interfere with its work at the bog – Kevin Barry, Daniel Marsh and Dermot Marsh, all of Clonin Estate, Clonin, Rhode, Co Offaly. The semi-State company is also seeking their attachment and committal to prison.
Last week, lawyers for Bord na Móna told Judge Oisín Quinn the individuals were trespassing at the bog in contempt of court orders. They submitted video evidence of an altercation between security staff hired by Bord na Móna and the individuals which, the semi-State body claimed, took place at bog lands subject to the court order.
This was disputed by Gorman, who stated the altercation took place on a private laneway.
On Tuesday, barrister Oisín Collins, appearing for Bord na Móna with Nevan Powell, told the judge his side was not pursuing the trespass claim, and was seeking the committal of the men based on their assertion that they were interfering with work at the bog.
The judge said he was “to put it mildly, taken aback” Bord na Móna had opted not to seek to establish that the altercation took place on bogland subject to the court order.
He said the “premise” of the Bord na Móna application was that the altercation took place on the lands subject to the court order, and noted that he had directed Bord na Móna last week to file written evidence to prove this.
Collins submitted that the premise advanced last week was that the men were interfering with works at the bog, and that they did not have to establish the trespass allegation.
Kevin Barry, Daniel Marsh and Dermot Marsh, who appeared before the court following orders for their attachment by gardaí to answer the contempt of court allegations against them, all denied that they had breached court orders.
The judge adjourned the case for one week, and directed that Bord na Móna’s witnesses be present in court on that date.
The judge told Gorman, Barry, Daniel Marsh and Dermot Marsh that in the meantime, the court orders in respect of the bog must be complied with.
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