A COUPLE who appealed a Circuit Court award of £21,000 damages to their next door neighbour for injuries sustained when she was assaulted had the amount they have to pay increased to more than £35,000 by a High Court judge yesterday.
Mrs Frances Dunne and her husband, Thomas, of Cork Street, Kinsale, were ordered to pay Mrs Pauline McCarthy £23,336 and their son, Thomas jnr (28), a surveyor who lives in England, has to pay £12,000.
Mr Dunne snr said he did not see the fight in which his wife assaulted Mrs McCarthy in April 1994. This was a "tissue of lies", said Mr Justice Robert Barr in his judgment.
The most disturbing aspect of the case was the despicable conduct of the Dunnes" in allowing their daughter, Yvette (15), to perjure herself. Yvette broke down when giving evidence on the second day of the trial.
"She was obviously distressed and she conceded that what she said was discussed with her. Yvette was caused to lie on their behalf," said the judge. He was considering sending the file to the DPP.
He granted an injunction forbidding the Dunnes from interfering with, assaulting, abusing or contacting the McCarthy family and warned there would be severe consequences if they broke it. He also adjourned the appeal with liberty to re enter it immediately if there was any problem between the families.
There had been bad blood between the families from the time the Dunnes moved from England, but it worsened after the McCarthys objected to a planning application by their neighbours for three houses on the site behind their home. Mrs Dunne assaulted Mrs McCarthy in April 1994.
Mr Justice Barr said Mrs McCarthy was physically and psychologically damaged and her condition was worsened by further incidents with the Dunnes following the assault.