Castle campaigners set to fight on

THE campaign to save Carrickmines Castle is expected to move to the Supreme Court within weeks after the High Court rejected the latest attempt to save the medieval remains from the path of the M50 motorway.

But conservationists face a race against the clock as Dun Laoghaire Rathdown County Council say it will only be a matter of weeks before bulldozers are ready to roll on to the historic site.

The council yesterday set a new target date of September 2005 for the opening of the motorway’s controversial last section, 11 months later than was originally scheduled. It said delays caused by legal challenges had added €10 million to the cost of the €144m development.

The latest challenge arose from a Christmas Eve application by Michael Mulcreevy of Barraduff, Killarney, Co Kerry, for a judicial review of Environment Minister Martin Cullen’s decision to retrospectively make an order last July permitting the dismantling of the perimeter walls of the castle to make way for a roundabout.

Mr Mulcreevy also claimed an excavation licence granted by the minister to archeologists last December to carry out the dismantling was invalid because he had not consulted with the director of the National Museum.

Delivering his ruling in the High Court yesterday, Mr Justice Paul Gilligan said Mr Mulcreevy was too late making his application. Although he was within the maximum six months’ deadline allowed under law, the legislation stated objections should be raised “promptly” which, in Mr Justice Gilligan’s view, meant last July.

In any case, he said the minister had acted within his powers in making the order and he ruled that the excavation licence was really a continuation of an earlier fully valid licence.

He awarded costs against Mr Mulcreevy, who is faced with an estimated €30,000 bill for the legal fees of the minister and the council.

Mr Mulcreevy has 21 days to appeal to the Supreme Court, but Dun Laoghaire Rathdown director of transportation Eamonn O’Hare said yesterday archeologists would continue to work at the construction site pending any further action and the ground would be ready for Ascon within weeks.

Mr O’Hare also said fresh excavations would start on previously unexplored ground around the Glenamuck Road which also lies in the path of the motorway. He said any discoveries made would be recorded and, if possible, removed, but would not be allowed hold up construction.

However, the council, the National Roads Authority and the minister still face possible sanction by the European Commission after environmental inspectors criticised the quality of archeological surveys used in the environmental impact statement.

Mr Cullen welcomed the High Court ruling which he said vindicated his view that the order he made last July was in the public interest.