Man jailed for failing to remove road

A High Court judge has jailed a Co Kildare man over his failure to remove 300 metres of road which was constructed without planning permission.

The Judge also directed the matter be referred to both the DPP and the Law Society.

Mr Justice John Quirke today jailed Leo Price for a period of up to six weeks for his "wilful, cynical and repeated failure" to comply with three separate court orders dating back to 2004 to remove a road built on lands at Feighcullen, Rathangan, Co Kildare.

The order also required that the lands be restored to their original condition.

Kildare County Council brought the committal proceedings after alleging "nothing has been done" by Mr Price since the 2004 order was made.

The road, which has no planning permission and is an unauthorised development, was constructed to provide access to some 16 sites for housing.

Lawyers acting for Mr Price, Boston Common, Feighcullen, who had previously claimed before the court he could not comply with the orders because the land in question was sold to another party, said that they had agreed with Kildare Co Council that measures could be put in place to have the road removed by August 1 next.

The court also heard evidence from people who had bought sites serviced by the road, including from two families currently living in mobile homes on the site. They claimed they bought sites either from Mr Price himself or from individuals who had previously bought sites from Mr Price on dates between 2003 and 2008.

They told the court that none of them were informed that there was a problem with the road when they acquired the sites. They also told the court that they would be in extreme difficulties if the road was removed.

Cormac Ó Dúlacháin SC, for Mr Price, said that while it had come late in the day his client would remove the road by August 1, which was accepted by the Council as being a reasonable deadline.

Counsel also said that the court was only entitled to consider the narrow issue of the Council's application and was not entitled to take the other evidence given in court into account.

However Deirdre Hughes Bl for Kildare Co Council said that the court was entitled to treat the evidence given by people whose sites were serviced by the road as being an aggravating factor in the proceedings it had taken against Mr Price.

In his ruling Mr Justice Quirke said that Mr Price was in "serious contempt" and had "abused the processes of the court".

Mr Price, the Judge said, had "at the final hour" was suddenly claimed that he was in a position to comply with the orders.

The Judge said however that after six years he "did not believe" and "could not rely on Mr Price" to comply.

He also noted evidence given by Mr Alan Judge, who Mr Price claimed the road was transferred to in 2004, that he had never been asked by Mr Price about doing anything to remove the road.

The Judge said he was jailing Mr Price, who he said had "acted dishonestly" and was "motivated by greed", for six weeks.

However, if during the time Mr Price made arrangements to comply with the orders the Judge said he would entertain an application to have him released.

The Judge after hearing evidence also directed that the transcript of yesterday's proceedings and documentation in the matters be forwarded to the DPP to determine if criminal offences had been committed.

The Judge further directed that the Law Society also investigate the matter in light of what the court head heard about at least one firm of solicitors involved in the transfer of the lands in question.

The Judge, noting the evidence of Ann Casey and Moira McDonagh whose families live in Feighcullen informed the court of the hardship they face should the road be removed the Judge asked Kildare Co Council if anything could be done for them.

They told the court that like others they had paid more than €25,000 for their sites, and only recently learned of the problem with the road.

They went to Kildare Co Council with their concerns but claimed they were informed the council could not house them because they already owned property.

In response, Ms Hughes Bl said that a report including would be sent to the Kildare county manager.