A Dublin barrister has been granted an interim injunction restraining the father of a crash victim from harassing him. Mr Peter Casey died in 1992 when his car was in collision with that of the barrister, Mr Alan Toal. In an affidavit to Dublin Circuit Civil Court yesterday, Mr Toal, of Sandycove, Co Dublin, said that on September 1st, 1992, Mr Casey had died following the collision. Mr Sean Casey, his father, of Sandyford, Co Dublin, brought an action against Mr Toal, which was settled "in or about" November last year following an agreement by Mr Toal to pay £6,000 within six months.
The money was paid to Mr Ca sey's solicitors on May 15th. They replied to Mr Toal's solicitors on May 19th acknowledging receipt and "confirming that this now completes the matter".
However, a registered letter from Mr Casey, dated July 10th and demanding further sums of money, had been sent to Mr Toal at a former address. It was re-addressed to Mr Toal's parents. On September 29th "at approximately 10.15 a.m.", Mr Casey arrived at Mr Toal's home "for the purposes of demanding further or additional sums of money".
Mr Toal claimed that "it is more than with fearsome curiosity that the defendant has been able to trace my dwelling and circumstances". He sought an order from the court restraining Mr Casey or anyone associated with him "from in any way approaching, contacting, visiting, writing to, telephoning or in any way pursuing, watching, besetting or demanding money" of him, "his parents, flat mates, whether at his dwelling, his workplace, his parents' address or any other place whatsoever".
Granting the ex-parte injunction, Judge Carol Moran told Mr Fergal Foley, for Mr Toal, it should be served personally, with liberty to do so in advance by phone or fax.
Mr Toal was not insured at the time of the accident.