More court reports in brief.
Civil servant defends Garda retirement age
An assistant secretary in the Department of Justice has told the High Court that changing the retirement age of assistant Garda commissioners back from 60 to 65 would militate against encouraging young talent and promotional opportunities.
Michael Flahive was giving evidence on the third day of a High Court challenge by Assistant Commissioner Martin Donnellan to a 1996 regulation which brought the retirement age for his post down from 65 to 60. He claims the reduced age limit is ageist, irrational and contrary to changes in life expectancy. Mr Donnellan is due to retire on his 60th birthday (tomorrow) but wants the High Court to strike down the regulation. The case continues today.
Killarney golf case to be heard
A dispute over 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 expected to be heard by the Commercial Court before the end of July. After receiving legal advice that the trust is invalid, Fáilte Ireland, Bord Fáilte's successor, had initiated 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 would revert to Fáilte Ireland to deal with as it chose.
Mr Justice Peter Kelly decided that arguments put forward by the trustees' counsel Denis McDonald - that the trust is valid because it is a charitable trust for the promotion of tourism in the Killarney area with a consequent public benefit - held a reasonable prospect of success. On that basis, he found the trustees were entitled to defend the case.
Rower's Olympic bid on hold
The High Court has reserved judgment on a bid by a young oarsman to have the Irish Amateur Rowing Union (IARU) sanction his participation in a Polish regatta next weekend in a last-ditch attempt by him to represent Ireland in the Beijing Olympic games.
Seán Jacob has asked Ms Justice Mary Laffoy for an injunction restraining the IARU from preventing his participation in the Poznan regatta on June 15th and requiring it to take all necessary steps to ensure his participation.
The IARU has told the court it has entered the name of Mr Jacob in the Poznan regatta and will send his boat to Poznan. However, his counsel said Mr Jacob also needs a declaration from the IARU that he is present in Poznan and is going to row.
Ms Justice Laffoy said she hoped to rule on the matter on Tuesday next.
€60,000 for boy abused by guard
A young man is to receive €60,000 in settlement of High Court proceedings over his assault and false imprisonment by an "aggressive" security guard in a Dublin sports shop who allegedly referred to him, his mother and brother as "scumbags".
The settlement for Gary Ogle, Whitethorn Gardens, Palmerstown, Dublin, who was 13 at the time and had sued through his mother Eileen, was approved by Mr Justice Paul Gilligan.
The action was brought against JJB Sports plc, trading at Liffey Valley Centre, Dublin as JJB Sports Shop, and Altcove Ltd, trading as APS Security Services. The claims were denied and the settlement was against JJB Sports while the case was struck out against Altcove.
