PRISON sentences imposed on a Dublin father and son following an early morning attempt to move travelling families from a site at Bantry, Co Cork, in September 1994 were suspended yesterday by a Cork court.
Mr Redge Brogan (44), of Beaufort Downs, Grange Road, Rathfarnham, Dublin, and his son, Garry (21), of the same address, were sentenced to four terms of six months' imprisonment when they appeared at Bantry District Court after the incident.
They were sentenced under Section 2 of the Criminal Injuries Act, 1991. The son was further sentenced under Section 6 of the Public Order Act, 1994.
Evidence was given that the travellers had been asleep in their caravans when a gang of men, using a forklift truck, tried to remove them by force. The incident lasted an hour and stopped only when gardai arrived.
Mr Brogan told the Bantry court that he had been frequently employed by Dublin County Council to move travellers to approved halting sites and that when he was offered the Bantry "job" by a Mr Davis, he believed he was acting for Cork County Council in a similar capacity.
He drove through the night from Dublin with 10 men to carry out what he believed was a legitimate assignment. He was offered a fee of £4,000, he said.
In addition to the prison sentences, Mr Brogans driving licence was suspended for three years and he was ordered to pay £400 in fines. His son received an additional term of six months' imprisonment to run concurrently arising out of the same incident and was ordered to pay £230 in fines.
At the court in Bantry, Mr Brogan apologised to the travelling families, and offered to pay £5,000 in compensation.
When the sentences were appealed at the Skibbereen Circuit Court last April, Judge Patrick Moran adjourned the case and asked for a full Garda investigation into the whereabouts of Mr Davis. Judge Moran said he wanted to know who was behind the decision to pay men from Dublin to come to Bantry and "take the law into their own hands".
Yesterday at Cork Circuit Court, Judge Moran was informed by the west Cork State solicitor, Mr Malachy Boohig, that gardai had conducted the investigation he had requested but had failed to identify the Mr Davis in question, despite the "fact that Mr Brogan had assisted their search in Bantry.
Mr Boohig said that it had been established, however, that whoever contracted Mr Brogan to travel to Bantry did not work for Cork County Council. Ms Marjorie Farrelly, the barrister representing Mr Brogan, said he had acted in good faith, believing that Mr Davis was representing Cork County Council.
Ms Farrelly reminded Judge Moran that the incident had occurred near Bantry Garda station and said it was unlikely that someone intent on an illegal act would opt for such a venue. She added that the £5,000 compensation had been lodged with the court.
Judge Moran said that having heard Mr Brogan's previous evidence at Skibbereen Circuit Court, he was satisfied that he was a hard working man who had been used as a pawn by the mysterious Mr Davis.
It was disappointing, he said, that the Garda investigation had failed to locate this man. It was also of some significance that Mr Brogan had offered to pay £5,000 compensation and that, as Ms Farrelly had told the court, the incident took place near Bantry Garda station.
His view was that commercial interests in Bantry wanted rid of the travellers for their own reasons and that Mr Davis was just a front. It did appear that Mr Brogan had worked for Dublin County Council but not in circumstances similar to what happened in Bantry, the judge said.
The judge, suspending the prison terms, also restored Mr Redge Brogan's licence and ordered that the fines in both eases should remain.