The chief executive of an oil distribution company has obtained a High Court injunction restraining his arrest on foot of a District Court judge's warrant issued over his non-appearance in the District Court in a noise pollution case.
Daniel Murray of Topaz Energy secured the injunction restraining gardaí from arresting him after Judge John Coughlan issued a warrant in November. The warrant was issued during a case taken by a resident alleging noise nuisance from a Statoil garage in Dundrum, Dublin, which was taken over last year by Topaz.
Andrew Walker, for Mr Murray, told Mr Justice Michael Peart that the case came before Dublin District Court on November 29th when John Forrest sought a noise-abatement order against the Statoil station. The company contended the noise was not from its station but rather from the Luas line which ran on a new bridge over the location.
The case was brought against Mr Murray as chief executive and the solicitor had applied to amend the name on the proceedings to that of the company (Topaz).
However, Judge Coughlan refused to allow the amendment and had also asked if Mr Murray was in court, Mr Walker said. When told he was not, the judge issued a warrant for his arrest.
Gardaí arrived at Mr Murray's home last Wednesday to execute the warrant. His wife answered the door and told them he was not there. The gardaí told her they would return today. In the meantime, proceedings to stop the arrest were initiated. Gardaí were also informed of these proceedings.
Mr Walker sought the injunction on the basis that there was no provision in law for arresting someone under the Environmental Protection Agency Act, under which the noise pollution case was brought, unless an order has been made by the court which was then breached. There was also no requirement that a person prosecuted under the noise pollution law had to appear personally in court, Mr Walker said.