In Short

A round-up of today's other court stories in brief

A round-up of today's other court stories in brief

Action over missing wife adjourned

The High Court has adjourned an action for damages brought by a man arising from the disappearance of his wife from a Dublin psychiatric hospital.

Catherine Madigan is believed to have committed suicide after she left St Patrick's psychiatric hospital on May 14th, 1998, but her body has never been found.

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The proceedings have been at hearing for four weeks and were adjourned yesterday for three weeks to allow both sides prepare written submissions on the issues in the case. It will then be listed before Mr Justice Richard Johnson who will set a date for the hearing of oral submissions after which he is expected to reserve judgment.

Mrs Madigan (37), a mother of one, was a voluntary patient at St Patrick's. It is alleged she left there about 2pm on May 14th, 1998, without being formally discharged. Her clothes were found at Bray Head, Co Wicklow, on May 20th. She is presumed dead and a court order has been secured to that effect.

The action for damages has been brought against the hospital by her husband, Joseph Madigan, a stock controller, Bridge Street, Callan, Co Kilkenny. The hospital has denied any negligence in its treatment of Mrs Madigan and that a more custodial approach was not warranted.

Garda denies harassment charge

A garda replied "not guilty" to crimes involving harassment, the theft of undergarments and distributing cards advertising "lewd and sexual acts" at the Circuit Court in Waterford.

Garda Anthony Fennelly (39), married, Moonview Bridge, Tramore, Co Waterford, was charged with harassment on and between November 12th and 15th, 2003.

The defendant, in front of Judge Alice Doyle and a jury of seven men and five women, also denied a charge of theft on September 16th, 2003.

In December 2001, Garda Fennelly and his then pregnant wife, ,Shirley, attended a meal with her work colleagues at the Jade Palace restaurant where, it was alleged, he made unwanted advances towards a female member of the party.

Amanda Cox (28), single, Rathfadden Park, Waterford said Garda Fennelly contacted her some days later when she was alone in work and apologised, accepting her rebuke but saying that he still had feelings for her.

Tom Teehan, for the DPP, said in September 2003 a garda called to a neighbour, claiming to be responding to reports of an intruder in her house. Ms Cox received reports that a garda had jumped over the wall into her back garden where some items of underwear were allegedly stolen. She was also woken from her sleep by sexual-related calls on the night of November 13th, 2003.

The trial continues today.

Suspended term for sex offender

A judge yesterday allowed a sex offender go free after ruling that "society would be worse off" if he sent the former scout leader to jail.

At Ennis Circuit Court Judge Carroll Moran imposed a three-year suspended sentence on Thomas Waters (61), Moore Street, Kilrush, Co Clare, and ordered him to pay €60,000 compensation to his victims. Last October, Waters pleaded guilty to multiple counts of indecent assault on two brothers at his home from 1969 to 1975.