This article is from page 17 of the 2012-12-04 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 17 JPG
A JUDGE has refused jurisdiction of a case involving a Barefield couple accused of harassment.
Judge Patrick Durcan made the decision at Ennis District Court on Wednesday having previously accepted jurisdiction of the case involving Martin McLoughlin (65) and Ann McLoughlin (62).
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 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. Judge Durcan had adjourned the case for a week to allow him to consider an application from defence solicitor James Nash requesting disclosure of documents from the State.
He also said that he would re-consider the issue of jurisdiction as the case had been “troubling” him.
Mr Nash previously told the court that the letters between gardaí and the local authority could prejudice his clients. The court previously heard that the State were not at lib erty to disclose the contents of the letters. On Wednesday, Judge Durcan said he was making no order on Mr Nash’s application.
He said that having considered the nature of the charges, he did not deem the matters fit to be heard in the district court. The couple were remanded on continuing bail to appear at Ennis District Court on January 23, 2012 for service of the book of evidence.