A round-up of other court-related news.
Dunnes in appeal on service pay
Dunnes Stores has appealed to the High Court against a determination by the Employment Appeal Tribunal that the deduction of long-service pay from a number of workers was unlawful.
Mark Connaughton SC, for Dunnes, said he was seeking to overturn the decision of the tribunal of August 10th, 2004, to the effect that Dunnes had breached the provisions of the Payment of Wages Act 1991, in making unlawful deductions from the wages of the workers.
While the Labour Court had also found in favour of the workers, Mr Connaughton argued, the court had never considered the issue of service pay.
He said a company circular of September 2002 had stated that the old system of weekly service pay for full-timers was being abolished for all staff with more than 10 years service as from October 26th, 2001.
It also stated that any service pay received by full-time staff in the interim would be set against back pay for new service rates and would be made directly into staff bank accounts.
Frank Callanan SC, for the seven workers in the proceedings, said service pay was an integral part of salary and its deduction was contrary to section 5 of the Payment of Wages Act, was therefore unlawful. He submitted the tribunal did not err in law in its determination.
President of the High Court Mr Justice Joseph Finnegan adjourned the hearing until next Friday.
Inquiry into boy's death to open
A sworn inquiry set up by Minister for Justice Michael McDowell into the circumstances of the death of a 14-year-old schoolboy, who fell unconscious while in Garda custody and subsequently died, will start hearing evidence next week.
Hugh Hartnett SC will begin taking sworn testimony on Monday into all the circumstances surrounding the arrest and overnight detention of Brian Rossiter in Clonmel Garda station on September 10th-11th, 2002.
The inquiry, in private, is due to last three months.
Bag-theft woman held in custody
A grandmother with 86 convictions for picking pockets and other thefts failed in a tearful plea to a judge not to be put into custody yesterday.
Kathleen Comerford (53), Sean O'Casey Avenue, Dublin, admitted stealing a purse containing cash and valuables worth €200 from a customer in the Porter House pub, Temple Bar, on October 12th last.
Dublin District Court heard she was spotted going into the pub by a garda who kept her under surveillance until she went out again with the purse which she had taken from a woman.
She had 86 previous convictions, mostly for theft and similar offences. The longest sentence she received was 12 months, last year.
Judge Bridget Reilly said she wanted a probation report and remanded her in custody for a week.
Sex-shop man had uncertified videos
A sex-shop owner found with videos that had not been certified by the Censorship Board has been fined €5,000 by Dublin Circuit Criminal Court.
Terry Power (44), Templeville Road, Terenure, pleaded guilty to four counts of failing to supply a certificate for a video recording at Condom Power in Dame Street on January 31st, 2004.