Judge hears of death threats against bricklayers

Two bricklayers working at a building site in Dublin have received anonymous death threats, the High Court heard yesterday

Two bricklayers working at a building site in Dublin have received anonymous death threats, the High Court heard yesterday. Work is now "at a standstill" at the Collen Construction Limited site at Park Motors, North Circular Road, Mr Justice Smyth was told.

The Park Motors site and other sites operated by Collen have been subject for several months now to picketing and other actions described by the judge as "unlawful". The actions are believed to relate to the controversy over the use of sub-contractors on building sites.

Orders were issued by a number of judges restraining picketing, watching and besetting of the sites but the company claimed these were breached several times.

Last Wednesday, 17 building workers were arrested by gardaí during a protest at the Park Motors site and brought before the court. They were released after Mr Justice Smyth ordered them to pay €250 each. The total of €4,250 was paid following a whip-round among 100 persons who attended the court in support of those arrested.

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Last Friday, Mr Justice Smyth granted a further order directing gardaí to take steps to prevent any breaches of orders regarding the Park Motors site. Mr Roderick Horan, for Collen, had complained the site was being watched and besetted by some 150 people who were observed on Friday in a car-park across the road. Small groups of men were also seen standing at street corners near the site.

When the matter returned to court yesterday, Mr Horan said part of the case could be resolved on the basis of undertakings, continuing to the trial of the action, given by counsel for the Building and Allied Trades Union and one of its officials, Mr Dennis Farrell.

Mr Anthony Kerr, for the union and Mr Farrell, said his clients were not engaged in a dispute with Collen and undertook not to encourage, incite or sanction industrial action against the company. His clients also undertook not to interfere with Collen's business or contracts and not to trespass on or watch and beset its sites.

Mr Kerr said BATU had officially written to its members last November advising them the union was not engaged in a dispute with Collen and that picketing of Collen's sites was not condoned by the union and was unofficial.

While Mr Kerr was reading out that letter, the judge suggested it might be updated, couched in stronger terms and reissued to the BATU members. Mr Kerr said that would be done.

Mr Horan said he was not seeking any orders against two other men named as defendants but did want orders against persons unknown restraining picketing, watching and besetting of Collen's sites and any interference with its business.

Counsel said the situation was "very serious". The Park Motors site was in a state of paralysis and two blocklayers had received death threats via anonymous phone calls.

The judge said he would have no member of the community subject to "that type of jungle law". He added counsel would have to take whatever course was considered necessary in relation to the phone calls.

The judge said members of BATU should realise the union was for their benefit and protection and should be governed by the undertakings given. Otherwise, there could be unfortunate consequences. He granted the orders sought by Mr Horan against persons unknown.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times