A round-up of today's other court stories in brief ...
Fáilte Ireland challenges golf club move
A legal action to establish whether the 1987 transfer of Bord Fáilte's majority shareholding in the €9.4 million lands owned by Killarney Golf Club to the club's trustees created a "valid trust" is being heard at the Commercial Court.
After receiving legal advice that the trust is invalid, Fáilte Ireland, Bord Fáilte’s successor, brought proceedings for a court declaration to that effect which would mean the 73.4 per cent shareholding held by the trust in the club lands at Killeen, Lackabane and O’Mahony’s Point, Killarney, would revert to Fáilte Ireland to deal with as it chose.
The club’s trustees have argued the trust is valid because it is a charitable trust for the promotion of tourism in the Killarney area with a consequent public benefit.
The proceedings were initiated earlier this year by the National Tourism Development Authority, operating as Fáilte Ireland.
Bord Fáilte had in May 1987 created the trust by transferring its 73.4 per cent shareholding in Killarney Golf Club Ltd to be held on trust by a number of individuals as trustees. Fáilte Ireland is now claiming the 1987 transfer did not create a valid enforceable trust for several reasons, including uncertainty in the terms of the May 4th 1987 trust deed about its objects and beneficiaries.
Yacht clubs thief imprisoned
A drug addict who repeatedly broke into two Dún Laoghaire yacht clubs and stole belongings of 21 people, as well as a car and €600 in cash, has been sentenced to two years in prison.
Stephen Walsh (26), Portland Row, Dublin, said he broke into the Royal Irish Yacht Club on Harbour Road and the Royal St George Yacht Club on Queen’s Road to get money to feed his cocaine and heroin addiction.
Judge Katherine Delahunt suspended the final 12 months of the term on condition Walsh engaged with the probation service and drug treatment programmes.
He pleaded guilty at Dublin Circuit Criminal Court to trespass and theft at the Royal Irish Yacht Club three times and the Royal St George Club twice between April 14th and August 6th, 2007.
Two in dissidents inquiry get bail
Two of the three men arrested during Garda investigations into alleged dissident republican activities in Dublin last week were freed on bail at the Special Criminal Court in Dublin yesterday.
Barry Fitzpatrick and Stephen Verhoeven were freed on bail and a third man, Dean Byrne, was remanded in custody. All three will appear in court again in early March.
Mr Fitzpatrick (66), Ashlawn Park, Ballybrack, Co Dublin, is charged with membership of the Real IRA on January 4th.
Mr Verhoeven (22), Brookfield Terrace, Blackrock, Co Dublin, is charged with having two revolvers and 20 rounds of ammunition, at the Topaz garage, Tallaght bypass, on January 4th.
Mr Byrne (22), Coolevin, Ballybrack, Co Dublin, is charged with having five revolvers and 64 rounds of ammunition at the Ramparts, Loughlinstown, Co Dublin, on January 4th.
Mr Fitzpatrick was remanded on €20,000 independent bail and Mr Verhoeven was remanded on an independent bond of €19,300. Both men were ordered to sign on daily at a Garda station, to surrender their passports and to observe a curfew.