A round-up of today's other court news in brief ...
Man fined 400 for cruelty to pitbull terrier
A man has been fined and ordered to behave or face jail for cruelty to a pitbull terrier which a judge believes had been used in a dog-fighting ring.
Gary Griffin (51), Raheen Park, Ballyfermot, Dublin, appeared before Carlow District Court yesterday.
Judge William Harnett also barred Griffin for life from ownership of any dog. Griffin pleaded guilty to being cruel to an animal after gardaí found an injured dog in the boot of his car on Wexford Road, Carlow, on December 17th, 2007.
Griffin had claimed the dog had been injured when he was used for fox hunting. However, the judge said he suspected the dog had been “engaged in animal fighting”.
Garda Fiona Ruth said the dog was in a distressed state but was now in the care of the ISPCA.
Owen O’Connor, solicitor for Griffin, said his client had one previous conviction for animal cruelty from 1988 but that this had been successfully appealed.
Judge Harnett fined Griffin €400 and imposed a four- month prison sentence with the warrant not to issue provided he lodge €500 and sign a bond to be of good behaviour for one year.
Contractor sues Dublin developer
Pierse Contracting has brought a legal action aimed at securing €3.2 million allegedly due to it under a €81 million contract related to a development at Grand Canal Square in Dublin.
The proceedings by Pierse against Grand Canal Square Developments Ltd, with registered offices at Malahide Road, Balgriffin, Dublin, were admitted to the Commercial Court this week by Mr Justice Peter Kelly. Pierse claims it entered into a contract with the defendant company in April 2006 to carry out works for a contract sum of about €62.2 million, excluding VAT. It claims the contract was later varied in July 2008 to alter the contract sum to a lump sum of €81 million, payment of which was to be made in accordance with the terms of the contract.
It claims an interim certificate issued on December 18th, 2008, for €2,192,117 which was due for payment on December 31st, 2008, while a further certificate issued on January 23rd, 2009 for €1,063,477 was due for repayment on February 3rd, 2009.
The full amounts of both certificates remain unpaid and the defendant company has provided no justification for the non-payment, Pierse claims.
When the case was before Mr Justice Kelly, he was told by counsel for the defendant that he appreciated a limited defence was available but his client would be seeking a right of set-off. There was an issue relating to cladding of a building, he said.
INBS manager seeks orders
The Irish Nationwide Building Society has told the High Court it is conducting a “fact-finding process” rather than a disciplinary inquiry relating to a Limerick branch manager.
The INBS had gone further than most employers in ensuring fair procedures and natural justice were applied in dealing with Noel Harrington, manager of the Cruise Street branch, Ercus Stewart SC, for INBS, said.
Mr Harrington has been placed on paid leave pending an inquiry into relating to his own borrowings from the society and into his handling of accounts of certain customers.
Mr Justice Garret Sheehan will rule on Monday on Mr Harrington’s application for various orders pending the outcome of his full action against the society, including an order halting the INBS inquiry as constituted.