Achill Island 'Stonehenge' developer jailed

Property Developer Joe McNamara has been jailed after a Judge ruled he was in contempt of a High court order requiring him to immediately cease construction of a Stonehenge-like structure intended to be a "place of reflection" on Achill Island.

Mayo County Council brought proceedings against Mr McNamara (41), with addresses at Achill Island, Co Mayo and Salthill, Co Galway, claiming that he breached court orders by continuing working on the structure after he was served last Sunday morning with a High Court order to desist to build what the council say is an unauthorised an unlawful development.

Yesterday at the High Court Mt Justice Roderick Murphy found that Mr McNamara had continued work on the structure, which consists of an outer ring of large columns with tapping stones placed on top, after being properly served with the order to desist.

The Judge ordered that as Mr McNamara was not prepared to purge his contempt he was to remain in Mountjoy prison until next Tuesday.

The court heard that Mr McNamara - who was acquitted earlier this year of charges of criminal damage and dangerous driving over an incident where a cement lorry with the words "toxic bank" was driven at the gates of Leinster House - was asked by the council's planning officers last Friday to stop the works but had continued with them.

Pat Butler SC for the Council said his client obtained an injunction last Saturday 26th November requiring Mr McNamara to stop work on something "which we still don't know what it is".

A letter containing the order was delivered to a hotel in Achill owned by Mr McNamara on the Saturday night. While Mr McNamara was hand delivered the order around noon on the following day - Sunday.

Counsel said that when Mr McNarama was served with the order Council approximately 24 concrete columns had been built. However on Monday the 28th council officials noted that six more columns had been erected. It was clear that Mr McNamara had continued working on the site after being served with the order, Mr Butler added.

Mr McNamara opposed the council's application on grounds including that he was unaware of the contents of the order he was served with on Sunday.

He said in an affidavit that he put the envelope containing the order he was served with last Sunday "in the back of his jeep" and did not read it until "later that night." He apologised for his actions taken prior to reading the order, and had not done any works since Sunday evening.

He accepted he was the owner of the hotel where the order was delivered but did not reside there. He had given an undertaking to the High Court to stop working on the structure, which he had complied with,

He further claimed the structure, which the court heard is intended to be "a place of reflection" and will include an inner structure, is an exempted development within the meaning of the Planning and Development regulations 2001.

His solicitor Mr Peter Keane asked for an adjournment to allow him apply to the county council to clarify whether or not it is an exempted development.

In reply Mr Butler said that Mr McNamara's defence was "entirely contrived and artificial". Counsel said his client did not know what type of exemption applied to this particular structure.

In addition Counsel said under planning laws the onus was on the developer to inform the local authority in advance that any proposed development was exempted from planning permission- which had not been done in this instance.

In his ruling Mr Justice Murphy said he was satisfied that Mr McNamara had been properly served with the orders and had continued working in contempt of the court order.

The Judge said that was "a serious matter," adding that planning laws and regulations were in place for a good reason, and were not designed to thwart people.

The Judge after ordering that Mr McNamara be committed to prison for four days made the matter returnable to Wednesday of next week.

Following the court's ruling Mr Butler said the council was prepared to ask the court not to jail Mr McNamara if he was prepared to give an undertaking that structure would be removed within a given time period. Mr Keane said his client was not prepared to give such an undertaking.