In Short

The other news stories of the day...

The other news stories of the day...

Mass card challenge dismissed

The High Court has dismissed a challenge to the constitutionality of a provision of the Charities Acts which outlaws the sale of Mass cards except through an arrangement with the Catholic Church.

Thomas McNally, head of Mass card producers MCC, New Street, Co Longford, and his sister, Marie Reilly, a card retailer, Ard Na Rí, Ardnacassa, Co Longford, had brought the challenge over the measures which became law in early September.

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They claimed section 99 of the Charities Act was unconstitutional in that it unlawfully conferred a monopoly on the sale of Mass cards to clerics of the Catholic Church or to persons approved by them.

Section 99 provides Mass cards can only be sold by agreement with a bishop or provincial of an order of priests of the Catholic Church.

Mr Justice John MacMenamin yesterday found the selling of pre- signed Mass cards did not amount to the profession or practice of religion but was a commercial activity which did not fall under the ambit of Article 44 of the Constitution.

Bank official loses fall injury claim

A bank worker who was injured when she fell over in her work chair has lost her High Court claim for damages after the judge said she should have disclosed pre-existing complaints to doctors.

Mary Behan, who worked at Allied Irish Banks branch at Westport, Co Mayo, had sued the bank for injuries she received in the incident on June 12th, 2006.

She claimed the bank was negligent by allowing an area around her desk to become cluttered and unsafe with night-safe bags which she was assigned to deal with.

AIB denied the claims and pleaded, if she did suffer injury, it was as a result of her own negligence. It also argued she was provided with a safe place of work.

Mr Justice Roderick Murphy said Ms Behan had not disclosed pre-existing complaints or that she had had long periods of sick leave prior to the incident.

The judge also said that as the person in charge of the area where she worked, she had to bear responsibility for the incident and to ensure the area around her desk was properly maintained.

Cork developers lose court challenge

Two developers have lost their High Court challenge to a decision of Cork City Council to take in charge a Cork housing development built by a company which went into liquidation.

Cork City Council had initiated the "taking-in charge procedure" in March 2007 over a development of 61 houses at Lindville, Blackrock Road, Cork, after 38 residents of that estate had asked the council to do so.

The applicant developers, Patrick O'Connor and his son Cathal, who had later applied for permission to build five detached houses in the development, argued the move was premature and breached their property rights, as the development had not been completed in accordance with the planning permission for it.

Mr Justice Iarfhlaith O'Neill yesterday found the council had a wide discretion under the Planning Act 2000 about initiating a taking-in charge procedure.

Simon expects surge in demand

Rising numbers of people at risk of homelessness will turn to the Simon Communities for support in the coming months, the agency warned yesterday.

Launching the Simon Annual Review 2008, Simon chief executive Patrick Burke said he welcomed the "safeguarding of the homeless budget" in the Budget. However, he voiced concern over cuts.

Mr Burke recalled the Government Homeless Strategy published in August 2008 which promised to end long-term homelessness and the need to sleep rough by the end of 2010.

Wheelchair group to cut staff pay

The Irish Wheelchair Association, one of the State’s biggest disability service providers, is planning to cut the pay of 2,300 staff members.

It has written to employees informing them that it proposes to implement pay cuts at the same level as those applied in the public service. The cuts will come into force from January 1st on the basis of what it says is an expected cut in Health Service Executive funding.

In a statement, it says salaries are aligned to HSE salary scales. It pointed out that staff were not affected by the pension levy.

PSNI arrest fifth man over murder

A fifth man has been arrested over the murder of nightclub of Trevor Spiers in Portstewart.

The PSNI arrested a 25-year-old man in Portrush yesterday in connection with the death.

Four men appeared in court earlier charged in connection with the murder. One of the men was accused of murder while the three others face charges of affray.

Trevor Spiers (28) was attacked on the promenade of the coastal town of Portstewart, Co Derry last Sunday at about 2am. He died later in hospital.

Man wounded  in NI gun attack

A man was brought to hospital in Belfast last night with gunshot wounds to his hands, ankles, knees and calves.

The 24-year-old was brought to the Royal Hospital in Belfast having received up to eight gunshot wounds in the attack.

His condition, however, was not though to be life-threatening last night.

Detectives in West Belfast are appealing for witnesses to the incident which occurred in Downfine Gardens area of the city at about 9.30pm.