Council spent €900 on failed court case

A local authority spent almost €900 on a failed prosecution against a hurling star over a sign measuring 18in by 9in, newly released records show.

Council spent €900 on failed court case

Earlier this year, district court Judge Aeneas McCarthy threw out a prosecution by Clare County Council against auctioneer Niall Gilligan over him placing an auctioneer’s sign on the side of the road at O’Callaghan’s Mills in east Co Clare in Oct 2010.

The judge said the council failed to provide a chain of evidence in the case.

The maximum fine would have been €150, along with costs.

In the aftermath of the case, the council said costs were “minimal”.

However, records released yesterday through the Freedom of Information Act show the council spent €898.65 in prosecuting Mr Gilligan, who won an All-Ireland with Clare.

The spend includes a €658 legal and expenses bill (including Vat) from solicitors Michael Houlihan & Partners along with the council’s own travel, subsistence, and correspondence costs totalling €218. There were also stamp duty costs and commissioner of oath costs totalling €22.

The case was listed five times last year before being finally heard in January.

Last night, Mr Gilligan said the council spend was “an awful waste of taxpayers’ money”.

“The money could be more wisely spent than on prosecuting someone over an 18in by 9in sign by the side of a road. I made every effort to tell the council the sign was on private property,” he said.

Mr Gilligan said defending the case also cost him due to the time spent in court and bringing in part-time staff to cover him when he was in court.

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