This article is from page 20 of the 2012-11-27 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 20 JPG
A JUDGE has said he will reflect on his decision to accept jurisdiction of a case involving a Barefield couple charged with harassment.
Martin McLoughlin (65) and Ann McLoughlin (62) both appeared at Ennis District Court on Wednesday.
The couple, both with an address at Ballymaconna, Barefield, are both charged with harassment of two named people in Barefield.
It is alleged that Mr McLoughlin made a threat, which a man believed would be carried out to kill or cause serious harm at Cregard Barefield on March 19 (2011). He is also facing a similar charge relating to an alleged incident at Cregard Barefield on September 24 (2011).
He is also facing two separate charges of harassment on dates unknown between January 2004 and March 2012.
It is alleged that Mr McLoughlin caused criminal damage to trees and shrubs at Cregard, Barefield on September 24 (2011).
Ms McLoughlin is charged with alleged harassment of a woman in the district court area of Ennis on dates between October 2006 and March 2012.
Defence solicitor James Nash told the court that he had a problem had arisen in the discovery process.
He said the State are refusing to hand over correspondence between Gardaí and a local authority. Mr Nash urged Judge Patrick Durcan to dismiss the case on the basis of discovery being refused.
Inspector Tom Kennedy said the State are not at liberty to disclose letters between the local authority and the alleged injured parties. Mr Nash said his clients could be “prejudiced” by the correspondence.
“I’m entitled to see it,” he added. Insp Kennedy said a court order would be required for the State to disclose correspondence.
He described the case as “very involved” and said the issues dated back to 2006.
Judge Durcan adjourned the case to tomorrow.
He said that while had accepted jurisdiction of the matter; the case had been “troubling” him.
He said he would reflect on his original decision. “My mind is open on it,” he added.