This article is from page 22 of the 2012-01-17 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 22 JPG
A JUDGE has dismissed a case against a former Clare hurler taken over signs allegedly erected on the side of a road.
Judge Aeneas McCarthy dismissed the case against Niall Gilligan (35), a member of Clare’s 1997 All Ireland hurling winning team, citing issues with the chain of evidence.
Clare County Council brought the case against the well known Sixmilebridge based auctioneer, alleging that Gilligan had erected a sign on the road near O’Callaghan’s Mills contrary to Section 19 of the Litter Pollution Act.
Mr Gilligan, a key member of the Clare team that won last year’s All Ireland Intermediate Hurling Championship, represented himself in the proceedings.
Eugene Joyce, Environmental Patrol Warden with Clare County Council, told the court that he had been on duty near O’Callaghan’s Mills on October 19, 2010.
He said he saw a sign for Gilligan’s auctioneer firm on the side of the road. Mr Joyce took a photograph of the sign.
Solicitor for the Council, Lisa Walsh, said this constituted an offence under Section 19 of the Litter Pollution Act.
She added that the sign was visible from a public place and that Gilligan had not obtained permission from the landowner to plant the sign.
However during the course of the proceedings, Judge McCarthy questioned an official document handed in by the Council.
He said the County Manager should have signed the document as he is “chief executive and all authority derives from him to his subordinates”. The court heard that the document granting Mr Joyce the authority to give evidence on the Council’s behalf had been signed by one of the Council’s Director of Services.
Judge McCarthy said, “This man (Gilligan) is representing himself and I have to see that he gets a fair trial”. He added, “The chain of evidence has to be complete and you have to prove it beyond reasonable doubt.’’
Judge McCarthy said that as the defendant was not legally represented, he had a duty to see that he received a fair trial.
“In accordance with that full duty, I am putting you on full proofs,” he added.
Judge McCarthy asked if the Council was willing to proceed with the case. Ms Walsh said the Council would “proceed briefly” with the case.
After hearing the Council’s case against Mr Gilligan, Judge McCarthy dismissed it. He told Gilligan he was not required to say anything on the matter.
As Mr Gilligan attempted to speak, Judge McCarthy said;
“There is a saying, when you’re not in a hole, you don’t have to start digging one for yourself”.
On the matter of costs, Gilligan told the court he is self- employed and had been forced to pay someone to fill in for him on days he appeared in court.
He sought costs to cover “loss of earnings”. Judge McCarthy made no order regarding costs.