A noise nuisance action taken against a Circuit Court judge over his children playing musical instruments was dismissed yesterday after the complainant failed to turn up in court.
The case against Judge Michael White, of Park Lane, Chapelizod, Dublin, was taken by a neighbour Mr Kevin Treacey, who alleged he had been subjected to loud rock music coming from the judge's home in the mornings and afternoons. Mr White denied this and said his children practised at reasonable hours.
The case first came up in September and was adjourned until yesterday for a full day's hearing. Mr Treacey did not appear and, the court heard, he had sent a letter to Mr White's solicitor stating that the case had been postponed until September.
Judge James McNulty, who was due to hear the matter, said only the court was entitled to grant a postponement, and Mr Treacey had shown "disrespect and very bad form" by sending such a letter and by not turning up yesterday.
The court heard there had been a history between the neighbours over a separate High Court action by Mr White seeking to quash a planning permission given to Mr Treacey for a house in his garden.
Mr Vincent M. Beatty, solicitor for Mr White, said the noise case was taken in an attempt to embarrass Mr White because of his occupation. He would be seeking costs.
At the previous hearing, Mr Treacey had been threatened with contempt of court after he alleged he had seen Mr White entering the chambers of the judge on that day before the court began. That judge, Mr Patrick Brady, said it was an outrageous statement and he had never spoken to Mr White. He threatened to have Mr Treacey committed for contempt, but he withdrew the allegation.
Mr Beatty asked Judge McNulty to order that costs be paid to Mr White and that a direction be made prohibiting future actions of this nature by Mr Treacey.
Judge McNulty said he would not tie Mr Treacey's hands on future actions and because the costs were likely to be substantial, he would like to hear from the complainant first.
"I am not sure whether he is a fool or a knave and he may be blissfully ignorant of the law or very well aware of how it is run, but I am not inclined to deal with costs until I have heard him."
Judge McNulty dismissed the noise nuisance action. He adjourned the issue of costs to March 4th.