Carrickmines appeal given priority

An appeal against the construction of a roundabout over the medieval remains of Carrickmines Castle, Co Dublin, must be heard within the next few days, a court ruled today.

It was agreed in the Supreme Court that all work at the archaeological site would be stopped immediately until a judicial review is completed.

However Chief Justice Ronan Keane stressed that the appeal must be brought before the High Court as a matter of urgency to minimise the delay.

Campaigner Michael Mulcreevy, from Co Kerry, was yesterday granted leave to appeal the decision made by the Irish government to dismantle historic castle ruins to make way for the M50 motorway roundabout.

The Supreme Court overturned a High Court Order made three weeks ago which had rejected Mr Mulcreevy’s request to appeal against the controversial plans.

The appeal was the last-ditch attempt by protesters who have campaigned tirelessly to prevent the mediaeval remains being destroyed.

Mr Mulcreevy claims that environment minister Martin Cullen was acting as judge and jury by forging ahead with the national roads building programme while at the same time allowing a national monument to be destroyed.

The court heard that since an injunction banning any work at the site was lifted in December, parts of the remains had already been dug up, but they will now be conserved pending the outcome of the appeal.

Outside the court Mr Mulcreevy said: “The sooner they start work building a road around the castle the better.”

His legal costs, estimated at €100,000 awarded by the High Court earlier this month were discharged.

Dun Laoghaire County Council owned the land where the proposed development was taking place and a joint consent between the council and Mr Cullen was given on July 3, 2003.

On the same day the minister made a National Monuments (Approval of Joint Consent) order which approved his own consent.

Mr Cullen has argued that all proper procedures have been followed and that the M50 roundabout is in the public interest and cannot be moved.

The National Roads Authority and Dun Laoghaire County Council argue that because so much money has already been spent employing archaeologists to investigate the site, the road should go ahead.

It is believed work would have to start at the castle site by April if the road is to be completed by its target date of September 2005.