Esat Digifone has indicated that it will consider taking legal action against the Department of Justice if the terms of "a legally binding contract" to erect mobile phone antennae in Kerrykeel, Co Donegal are not adhered to.
After serious scuffles in the village yesterday morning between locals and gardai when five men were arrested, the Minister for Justice, Mr O'Donoghue, gave a commitment to local Independent ail TD Mr Harry Blaney that no Esat antennae would be put on the newly-erected mast at Kerrykeel Garda station.
The Donegal South West TD Mr Tom Gildea also became involved after the family of one of his friends called on him to intervene. "An understanding" was reached that the construction of the mast at Kerrykeel Garda station would proceed, but without Esat antennae attached.
"I was not the only one involved. It came about as part of the representation made by Harry Blaney and myself," Mr Gildea said. It was disquieting that any private company should be allowed use Department of Justice property for commercial use, he added.
Mr Blaney had refused to leave the village to go to the Dail for the Budget debate until the matter was resolved.
A spokesman for Esat Digifone, Mr Declan Drummond, said he understood the antennae would not be put on the mast until there were discussions between the company and locals. He called on the Government to make a statement to allay "unfounded fears".
Mr Drummond added: "We have a legally binding contract with the Department of Justice, and we intend to honour our commitments under that, and we expect all other parties to do the same."
Mr Blaney, who has backed locals in the dispute, said he was given assurances that Esat antennae would not be erected "in the long term".
He said he would have further discussions with Mr O'Donoghue on the issue and wanted written clarification by today. A spokesman at the Department of Justice said further discussions would be held with local people before any decision was taken.
Mr Blaney was also critical of the behaviour of some gardai. "The cost of having 150 or more gardai there must have been enormous," he said.
There was palpable anger in the village yesterday and suspicions that attempts would be made at a later stage to erect the Esat antennae.
Trouble started at about 8 a.m. when gardai in riot gear moved some 70 protesters from the site. Large numbers of gardai also escorted the lorry carrying the mast into the village and checkpoints were erected to prevent vehicles from entering Kerrykeel.
Work went ahead on the erection of the main mast as Mr Blaney negotiated with Mr O'Donoghue and the Garda Commissioner.
Spokeswoman Mrs Kay Mc Grory, who showed bruising on her arms sustained during the disturbances, accused gardai of carrying out a "military-style operation". She said locals would accept the mast if it were used solely for Garda purposes. Supt Jim Gallagher said this was the third attempt to have the mast erected and denied the gardai used excessive force.