This article is from page 20 of the 2008-07-08 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 20 JPG
A HIGH Court judge has granted a judicial review in a row concern- ing allegations that Clare Travellers’ representative Heather Rosen has obstructed the investigations of the Equality Tribunal.
To date, Clare County Council has spent almost €150,000 on legal fees in response to almost 1,000 com- plaints against the council made by travellers to the Equality Tribunal.
All complaints have been lodged on behalf of the Travellers by Ms Rosen and to date all have been thrown out because the travellers concerned have failed to turn up for the hearings.
Last year, Judge Harvey Kenny said that travellers could appeal the ruling by the Equality Tribunal in the Circuit Court.
However, in a bid to prevent the costs implied by a large amount of appeals to the court, the council
sought a judicial review of the deci- sion by Judge Kenny.
In his written judgement, Mr Jus- tice John MacMenamin cited a letter written by equality officer Ms Duffy to Ms Rosen in relation to her con- duct at the tribunal.
“She stated that Ms Rosen’s con- duct was “bordering on the abusive’,” noted the judge noted.
“She referred to letters ‘allegedly’ signed by a number of other com- plainants after the hearing on Oc- tober 16, 2006, requesting that their cases be heard by a different equality Oat ero ame
Mr Justice MacMenamim noted that Ms Duffy warned Ms Rosen that she considered her actions as obstructing the tribunal in its investigation and decision making process and that if such behaviour continued she would be asked to leave the hearings.
She referred Ms Rosen to a section of the Equal Status Act 2000, which
renders it a punishable offence for a person to obstruct or impede the di- rector or equality officer.
Ms Duffy warned that she had previously been “lenient” with Ms Rosen and her clients regarding non- attendance and lateness. Ms Rosen did not swear an affidavit in the pro- ceedings, although she was present in court for the hearing.
Mr Justice MacMenamin said: “I am unable on the evidence to make any finding as to whether or not com- plaints were pursued despite the con- trary wishes of certain other com- plainants. Such evidence as there is on this question is entirely hearsay.”
Mr Justice MacMenamin said that he would grant the judicial review and order that the matter of jurisdic- tion be remitted back to the Circuit Court judge to be reconsidered in ac- cordance with law.
Ms Rosen was not contactable yes- terday.