This article is from page 20 of the 2013-04-23 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 20 JPG
CLARE County Council last week secured a court order restraining a former DJ from harassing local authority staff at a gala tourism event.
At Clare Circuit Criminal Court on Thursday, the Council sought an injunction preventing Ennis man Tommy Kelly from attending the Clare Tourism Forum, a networking event held at the Clare Inn, Dromoland on Thursday night.
Mr Kelly, with an address at 6 An Páirc, Quin Road, Ennis was also ordered by the Court to restrain “from communicating directly with Clare County Council, two named employees, or any other officer of employer of Clare County Council”.
Mr Kelly, a former Clare FM DJ, was not present in court when the order was granted.
Prior to the hearing of the application, Counsel for Clare County Council, Michael Collins BL, asked if the plaintiff was in court.
Judge Gerard Keyes said Mr Kelly had come to court earlier in the morning.
He said Mr Kelly had expressed unhappiness at being in court. He said Mr Kelly also expressed unhappiness with the judicial system.
Judge Keyes said he advised Mr Kelly to stay in court until the application was heard. He said Mr Kelly declined and left the court.
The court heard that a named Council employee who works as a marketing executive with the Clare Tourism Forum, organised the event in the Clare Inn.
Mr Collins explained that Mr Kelly had been nominated to operate a stand for the Ennis Fringe Festival at the Forum.
The court heard that County Solicitor John Shaw wrote to the festival organisers advising that Mr Kelly could not attend.
The court heard that the Council employee was concerned Mr Kelly would “focus” on her.
Mr Collins told the court that Mr Kelly sent “unnecessarily abusive emails” to the Council in April, stating his intention to attend the Forum and document proceedings.
Mr Collins said that in further communication with the Council, Mr Kelly denied sending any abusive emails.
Mr Kelly, the court heard, accuses the Council of “stealing” photographs from him for use in a tourism brochure, called, ‘Clare Live the Life’.
This is denied by the Council. In an affidavit, the Council employee states that the Council invited photographic submissions for the brochure.
They stated that the rules of the competition entitled Clare Tourism Forum to reproduce all or part of the entered material free of charge for use in relation to promotional activity.
Mr Kelly, an award-winning photographer, was called prior to the application being heard but was not present in court.
Expressing concern over the Council’s authority over the Clare Tourism Forum, Judge Keyes said he was reluctant to grant a “blanket injunction” preventing a person from attending the Forum event.
The case was adjourned for a brief period. On resumption, County Solicitor John Shaw, told the Court that the Council employee is the “sole person responsible for running the event.”
Judge Keyes granted the order, “restraining the plaintiff from interfering or harassing or in anyway impeding the first named defendant in the performance of their duties as organiser of the Clare Tourism Forum Gala Tourism Networking Evening”.
Mr Kelly was also ordered not to interfere, harass or impede in any way Council employees from doing their duties.
The court ordered that the order be served on Mr Kelly by personal service and by email.