THE Royal Dublin Society's safety officer, Mr Cian O Colmain, yesterday in the High Court denied a claim that a former member had been threatened he would be pushed over railings if he did not leave the society's premises. Mr James Yates, described as an artist, of Cill Cais Old Bawn, Co Dublin, made the allegation while cross examining Mr O Colmain.
The RDS is asking the court to grant it an order restraining Mr Yates from communicating with its staff or entering its premises. It has also claimed damages for trespass, intimidation and nuisance.
Mr Yates, who is conducting his own defence, has "strenuously denied the society's allegations. He has counterclaimed for damages, alleging interference with his rights and privileges as a member of the society. He claims he was slandered, intimidated and harassed by society members. The society denies his claims.
Mr Peter Charleton SC, opening the case for the RDS on Tuesday, said his clients claimed Mr Yates had intimidated and harassed one of its staff, Ms Olivia O'Reilly.
Mr Charleton said there would be evidence of letters, which it is alleged were sent by Mr Yates, that she received birthday, Valentine and Christmas cards from him, that he went to her home and to race meetings which she attended.
Mr O Colmain said he was not aware that at the Dublin Horse Show of 1994 photographs were taken of Mr Yates in the grounds. He did not follow Mr Yates around but was aware he was in the RDS grounds.
Mr O Colmain said he recalled discussions between Mr Yates and RDS employees on a stairway in the commercial office section in January 1995. Mr Yates was there to serve documents on staff and officers of the society. He was refused access as there was a court order against him concerning Ms O Reilly.
Mr Yates said he was told "you will not serve here and if you don't go you are going over here" - he was being pushed against railings. Mr O Colmain said that did not happen.
Mr Yates said the implication was that he was going over the top if he did not leave. Mr O Colmain said he witnessed a discussion and he did not hear any direct threat to Mr Yates. There was no swearing or raising of voices.
Mr Yates said Mr O Colmain saw him go down the stairs because he was being threatened.
Earlier, Mr Kevin Bright, the registrar, referred to a meeting society's council of May 1994 when he said it was agreed to hold a meeting at which a resolution asking Mr Yates to resign would be considered.
Mr Bright said the resolution called for the resignation to protect society staff who "have for a period of years been subjected by Mr Yates to unsubstantiated allegations of misconduct.
The call for his resignation was also to "make it clear . . . that Mr Yates's behaviour and publication of defamatory statements . . . and his persistent unsubstantiated allegations are not in anyway approved `of or countenanced by the society'".
Mr Bright said that before the meeting, Mr Yates had circulated a defamatory statement accusing Ms O'Reilly and another society employee, Mr Gerard McAuliffe, of being engaged in criminal conspiracy and organising physical assault. None of these allegations was substantiated.
Mr Bright said the feeling at the council meeting was that if no steps were taken to, prevent harassment of Ms O Reilly it might inadvertently lead to a more serious situation.
The hearing continues today.