Fossett’s call in lawyers over circus turf row
Fossett’s Circus last night confirmed it had consulted its legal team after a turf war erupted with Courtney’s Circus over a traditional circus pitch in Ballincollig, on the western outskirts of the city.
Fossett’s withdrew several vehicles from the site opposite the White Horse pub in the early hours of Tuesday after Courtney’s arrived at the site, and its workers dismantled a fence to gain access.
Gardaí were called a short time later when tensions between the two camps escalated.
Fossett’s spokesman Charles O’Brien said their staff and vehicles withdrew from the site on the advice of gardaí, to maintain public order and retain a certain amount of dignity.
He insisted last night that Fossett’s had a verbal agreement with the site’s booking agent, Brian Magee, to pitch its big top at the site for shows being staged tomorrow, Saturday, and Sunday.
Courtney’s claims it had the site booked from last Monday and for its opening performance last night with shows running until Sunday.
Mr Magee said both circuses had permission to enter the site because of an oversight on the booking dates. Courtney’s circus manager Wayne Courtney said the double-booking was “nobody’s fault”.
“It’s just one of things that crop up,” he said.
“We arrived at about 1am on Tuesday morning from Limerick and found Fossett’s had blocked the gate with some of their vehicles. We were left sitting on the side of the road — 18 trucks and trailers and all the gear lined up, with nowhere to go.
“We couldn’t leave the equipment on the main road. We were in an awful situation. So we took the decision to take down a piece of fencing to get our stuff off the road.”
He said he became aware of the double-booking last week and contacted Fossett’s to see if a deal could be brokered. He said he offered to toss a coin to see who got to pitch on the site, but no agreement could be reached.
Fossett’s said it had now, at added expense, made new arrangements to stage its show on the grounds of nearby Ballincollig Rugby Club. “We intend to issue immediate legal proceeding against all parties involved to recover any loss of earnings and damages,” Mr O’Brien said.
“The Fossett family have presented circus to the Irish people for over 126 years and we abhor the tactics used by Mr Courtney and his kind. He has brought the circus industry into disrepute yet again.”
He said the shows will go ahead as scheduled, and all pre-booked tickets will be valid at the new site.
Animal rights activists have urged people to boycott Courtney’s Circus in Cork.
The Animal Rights Action Network (Aran) said it will picket the circus on Sunday to highlight the conditions circus animals, including elephants, tigers, camels, and crocodiles, have to endure.
It released footage last night, shot in Waterford in February, of its tigers pacing around in small cages. The footage also shows animals being hit while returning to their cages after a performance.
“If this is not a wake-up call for the people of Ireland to stay clear of animals in circuses then what is?” said Aran spokesman John Carmody.
Courtney’s made headlines in April 2012 when Spaniard Justino Munez, who was visiting Courtney’s elephant handler Joy Gartner when the circus was in Cork, was crushed by Baby, a 2.5-tonne elephant, following an incident in a holding pen. There were varying accounts of the incident. The circus owners suggested the elephant’s food may have been tampered with. But eyewitnesses said Baby was charged by another elephant in the pen, and fell onto Mr Munez before breaking free. Mr Munez suffered severe internal injuries in the incident and was rushed to Cork University Hospital. He subsequently recovered before returning to Spain.
Courtney’s later ordered blood tests on the two elephants. They tested positive for codeine and morphine, and traces of paracetamol, which Courtney’s said proved the food was tampered with.
Mr Carmody reiterated calls to both Cork city and county councils to ban animal-act circuses from performing on public land. Seven local authorities have already implemented such a ban, he said.



