A round-up of today's courts news in brief
Family denied leave to sue 'Daily Star'
The family of a murder victim has been refused leave to sue a newspaper for criminal libel over "untrue allegations" his death was due to a bizarre sex game that went wrong.
Tony Dennehy, Ashbourne, Co Meath, and Irene Poynton, Donabate, Co Dublin, had sought leave from the High Court to bring a prosecution for criminal libel against Independent Star Ltd, trading as the Irish Daily Starnewspaper, over coverage of the death of their brother Finbar Dennehy (50) in September 2007.
The newspaper denied any wrongdoing.
Mr Justice Paul Gilligan said the person who was the subject matter of the material complained about must be alive. He also found that the Dennehy family had not made a case that they were defamed by the articles.
The action arose over articles in the Starfollowing Mr Dennehy's death.
The family said the allegations that Mr Dennehy was involved in a sex game that went wrong were wholly untrue, grossly defamatory of his good name and scurrilous.
They also argued that it could be inferred they were defamed by the articles.
CIÉ fails to have CPO order quashed
CIÉ has failed in a High Court bid to quash a compulsory purchase order over some of its property in the Cork docklands.
Mr Justice Iarfhlaith O’Neill rejected claims that the consent of the Minister for Transport was a necessary initial precondition to the CPO process before it could begin.
He said consent could be obtained at any time up to the latest stage in the process.
An Bord Pleanála had adjourned its hearing into the CPO pending the outcome of the case.
Kilbeggan death case jury sent home
A jury at the trial of a man accused of killing Christy Hanley in Westmeath last year has been sent home for the night.
On Wednesday, a murder charge against Noel Cawley (47), formerly Castleblayney, Co Monaghan, was reduced to manslaughter.
Mr Cawley had pleaded not guilty to murdering Mr Hanley (83) at his home on Bridge Street, Kilbeggan, Co Westmeath, in May last year.
Leave to take case against State denied
A farmer who claimed a revolver and ammunition were planted on him following his arrest 20 years ago has been prevented by the High Court from pursuing an action against the State.
Mr Justice Bryan McMahon granted an application by the State to halt the personal injuries action against it by James Sheehan (48), Ardfert, Co Kerry, on grounds of inordinate and inexcusable delay in pursuing his claim.
Mr Sheehan had claimed he was unlawfully arrested under section 30 of the Offences Against the State Act in August 1989 and taken to Tralee Garda station, where he was held for 38 hours.
He said he was taken to his car and a Garda sergeant was sitting in the front seat. He claimed the garda took a revolver out of the glove compartment and asked him to take responsibility.
He also claimed that while in custody, his home was searched and his wife was shown ammunition which gardaí claimed was on the mantelpiece. He said gardaí asked her to account for the ammunition but she knew nothing about it.
Mr Sheahan also claimed he was threatened, intimidated and assaulted psychologically by gardaí in an attempt to get a confession in relation to the firearm.