AN application to have the Galway city manager, the mayor of Galway and councillors jailed for contempt of court arising from a dispute about a travellers' halting site was refused in the High Court yesterday.
The application had been made by Mr James Cahill, Mr Michael Kelly and Mr James Cloherty on behalf of residents in the Ballybane area against the city manager, Mr Patrick Gavin the Mayor of Galway, Cllr Micheal O hUiginn, and the councillors.
Mr Henry Bourke SC, for the residents, said that last July, Galway Corporation had undertaken to impound horses from the halting site at Hillside, Co Galway, which were found roaming in Castlepark and Glenbaun, Ballybane, and on children's playing pitches.
The horses were a serious danger for children, the court was told. The corporation had also undertaken that no more caravans would be allowed on to the site. Despite these assurances, said Mr Bourke, they had failed to do so.
Also, the number of caravans was increasing all the time and the residents wanted this stopped and the status quo of the site preserved until the full hearing of the action.
Mr John Gallagher SC, for the corporation, said families at the temporary site had been there for up to 15 years. The corporation had taken steps to control horses. Its undertaking was not to add to the indigenous families there already. It did not refer to caravans. He said there were fewer there than ever before.
Some of the families might leave and return but nobody but the members of those families were allowed in.
Mr Justice McCracken said the concept of "families rather than caravans" seemed impractical. Obviously he was not going to make an order for committal especially if there was a dispute as to what undertakings were given. In view of these disputes, he would recommend an early hearing of the action.