SIX Kerry men have been restrained by the High Court from assaulting or threatening a man convicted of rape.
Mr Martin Giblin, counsel for a Killorglin fisherman, Raymond Scannell, told Mr Justice Robert Barron there had been a threat to cut his client's throat.
The restraints were sought by Scannell, his brother Denis, also a fisherman, and sister in law Bernie.
The court orders were granted against Patrick Griffin, Desmond O'Shea, T.J. Cronin, Timmy Connor, Michael Griffin and Kieran Ryan, all of Killorglin.
Scannell, in an affidavit, told the court that on December 15th, 1992, he was convicted of the rape of one woman and, a week later, of another.
He had been sentenced for both crimes and appealed the first conviction on severity of sentence and conviction, and the second in relation to severity.
Last June his conviction in relation to the first count was quashed and a retrial ordered. He was granted bail until his retrial on September 19th. His sentence on the second count had been dated to start next January.
Scannell said that on July 28th he was standing at Daly's Lane, Killorglin, when Patrick Griffin called him a "filthy rapist" and attempted to assault him. Later, at Sunhill Road, Mr Griffin was joined by the others and he was kicked and punched. Threats that he would be killed were shouted at him. He was taken to hospital.
Ms Bernie Scannell said Mr Griffin threatened to "get" her husband Denis and four year old son and to go into hospital and cut Raymond Scannell's throat. The other defendants were with him when he said this.
She said she later told her husband and he had gone to Mr Griffin's house.
Denis Scannell said he had gone to the nearby Griffin home in Iveragh Park and Griffin, Cronin, Connor and Ryan rushed him. He was kicked and punched and hit with weapons. Mr Cronin had put a knife to his throat. Later he was taken to hospital.
Mr Giblin said complaints had been made to gardai but nothing had yet been done about them. His clients were satisfied they had been attacked and threatened because of the ill will of the defendants against Raymond Scannell.
Mr Justice Barron said if the gardai allowed a situation to develop when a complaint had been made, there may be some quite serious consequences for the gardai as well as for the defendants, especially if the plaintiffs were injured.
He said it was not for the High Court to stop the defendants, it was a matter for the gardai. He said he would make the orders sought in that they could not do any harm and the court was not prepared to take the risk of something happening.