Thirteen road protesters jailed a week ago are to remain in prison indefinitely following their unsuccessful appeal to the Supreme Court yesterday.
They were jailed for refusing to undertake not to interfere with works for the planned dual carriageway through the Glen of the Downs.
Presided over by the Chief Justice, Mr Justice Keane, the three-judge court rejected an appeal against the High Court's jailing of the protesters on February 18th last.
The eight men and five women were detained after they refused to give undertakings not to interfere with Wicklow County Council's road scheme.
Mr Justice Barr said he was left with no alternative but to direct that they be taken into custody and remain there until they give such undertakings.
The court heard from Mr George Birmingham SC, for the protesters, and Mr James Connolly SC, for the council. The Chief Justice then said the High Court judge was perfectly entitled to conclude that what was happening was part of an organised attempt by the defendants and others to frustrate orders of the High Court and the attempts of the council to carry out its statutory duties.
There was the clearest evidence that part of the organised attempt to frustrate the council involved occupation of Duchas lands - which adjoin the council's lands - whatever order was made and that this was done to stop the council having access to its own lands.
The defendants had had every opportunity to obey the order of the High Court. They had the solution in their own hands.
They could go back to the High Court and give the undertakings. He was sure that Mr Justice Barr would then be satisfied to release them from custody.
The Chief Justice referred to an injunction which was granted by Mr Justice Kinlen in the High Court last October. This injunction restrained the impeding of access to the lands by servants or agents of the council.
Mr Justice Keane said he was prepared to assume it was arguable that the undertakings sought from the protesters included terms which could be said to go beyond the Kinlen order.
It was clear that the defendants wished to present arguments about the extent of Mr Justice Kinlen's order in an effort to demonstrate that they were not in contempt of it, or at least to obtain some form of clarification of it. Mr Justice Barr had stated he would give the defendants an opportunity of adjourning the case to enable them to present such evidence as seemed appropriate.
But Mr Justice Barr had made it clear that he would do this only on terms that the defendants give undertakings not to impede the work of the council in the meantime, Mr Justice Keane said.
There was not the slightest doubt that the High Court judge's intention was to ensure that the council's statutory duties were not impeded.
The Chief Justice said he had no doubt that it was within the jurisdiction of the High Court to seek the undertakings. The two other Supreme Court judges - Mr Justice Barron and Mr Justice Murray - agreed. The court awarded costs against the defendants.
The defendants were not in court for yesterday's hearing.