A round-up of today's other stories in brief
Kildare centre refused default permission
The High Court has refused to grant default planning permission for a housing and community centre development at Ballymore Eustace, Co Kildare.
Mr Justice Roderick Murphy yesterday rejected the application by Abbeydrive Developments Ltd for a grant of default permission for the proposed development at Ballymore Eustace West/Broadleas Commons which comprised a phased development over seven years including 10 two-storey houses, 55 bungalows, 72 dormer bungalows, a community centre and other facilities.
The company had argued it was entitled to the default permission because Kildare County Council had not sought further information on the proposed development within the eight weeks required under the provisions of the Planning Acts. The company applied for permission on December 3rd, 2002, and the council had sought further information on February 6th, 2000. The company claimed the time expired prior to that latter date and it was entitled to default permission.
While holding that the Council's request for further information was invalid, and had been accepted as such by the council, the real test was whether there had been substantial compliance with regulations so as to enable the planning application to be properly assessed and evaluated, the judge said.
There was insufficient information before the council for it to make a proper determination as to whether the proposed development was in accordance with the relevant area development plans and did not constitute a material contravention of that plan, the judge added.
There could not be a default permission where there was material contravention of a development plan and the company must show the application was consistent with the development plan.
Man who raped sister remanded
A Wexford man who raped his younger sister has been remanded in custody for sentence by the Central Criminal Court on March 6th next.
The 22-year-old man pleaded guilty to one count of raping the girl on a date unknown between September 16th and December 15th, 1999.
Mr Justice Paul Carney declared the man a sex offender under the legislation and was told the guilty plea to that single count was without prejudice to further counts on the indictment.
Mr Justice Carney directed the preparation of victim impact and probation reports as well as a medical assessment on the defendant.
Jury in murder case adjourned
The jury in the trial of a 23-year-old Lithuanian man who denies the murder of a fellow national at a Dublin flat has been adjourned following a defence application at the Central Criminal Court.
Donatas Sutkus, of no fixed abode, has pleaded not guilty to the murder of 27-year-old Andrius Zakarauskas (27), who was stabbed to death at his flat in St Joseph's Villas, near the North Circular Road.
Mr Justice Barry White told the jury the accused could not obtain a fair trial in the present circumstances because an eyewitness, who the defence wanted to be present, had not travelled from Lithuania.
The case has been listed for mention next week and a provisional trial date of April 24th, 2006, set aside.
Two arrested ver Northern Bank Robbery
A man and a woman were arrested separately in Belfast yesterday morning and taken in for questioning about last December's £26.5 million (€38.6 million) Northern Bank robbery in the city.
The two were being interviewed by detectives at Antrim police station last night.
The Garda and PSNI have insisted the IRA carried out the robbery, although the IRA denies this.
This month three men were charged in connection with the heist. In all, this month 10 people were arrested by PSNI detectives investigating the crime.
'Quasi-expert' jeweller jailed
A "quasi-expert" jeweller who valued diamonds stolen in a €420,000 haul from a jewellery shop has been sentenced to three years.
Leonard O'Sullivan (46), Clahane, Ballyard, Tralee, Co Kerry, pleaded guilty at Dublin Circuit Criminal Court to possessing stolen jewellery at Devil's Court, Killiney, Co Dublin, on February 27th, 2004.
Sgt Michelle Gettings told Fergal Foley, prosecuting, that jewellery including gold and silver valued at €420,000 was stolen from a Blackrock jewellers on February 1st, 2004.
Jewellery from the theft worth €332,000 was found by gardaí in the possession of O'Sullivan and two co-accused when they raided a house in Killiney. The remainder has not been recovered.
Judge Desmond Hogan described O'Sullivan as a "quasi-expert" who had played a "significant part" in the operation after the theft. He suspended the final 12 months of the three-year sentence on condition that O'Sullivan enter into a good behaviour bond for three years following his release.
Accused 'changed' thanks to curfew
An out-of-school 14-year-old boy facing criminal charges has become a changed person after a court imposed a curfew restricting him from being outdoors after 9pm, the Dublin Children's Court heard.
Last week the west Dublin boy was granted bail by the court, with strict conditions stating he had to be in his home from 9pm to 7am.
He was warned that a breach would result in his being taken into custody.
The father of the boy had told the court his son was "hyper" and had been out of school for more than two years. He asked for a curfew to be placed on the teenager.
In an update defence solicitor Michelle Finan told Judge Catherine Murphy yesterday the curfew had, according to the boy's mother, been successful.
"It has changed him and he has become much easier to deal with now," Ms Finan said.
The teenager is facing a charge for an alleged car theft on October 14th last. The vehicle was pursued by gardaí and eventually crashed into a lamppost.