A Co Monaghan trader faces imprisonment or a fine for what was described as a "flagrant disregard" of undertakings he gave in court not to take stone material from a local quarry pending the outcome of a High Court action. It is alleged that material worth tens of thousands of pounds was removed.
Mr Justice Finnegan fixed Friday for the hearing of an application for the attachment or imprisonment of Mr Martin Sweeney, of Maghaharney, Smithsboro. Mr Sweeney should have an affidavit setting out his means to assist the court if Mr Sweeney decided he would rather be fined than go to prison.
Mr Paul Gardiner applied for the order on behalf of Mr Thomas Leddy, Gragadder, Kilcock, Co Kildare, who has also brought proceedings against a company, Alco Enterprises Ltd.
Mr Gardiner said his client was the registered owner of a quarry near Scotstown, Co Monaghan. There was a dispute between the two men as to whether Mr Leddy had bought in trust for Mr Sweeney, and that dispute was yet to be heard by the High Court.
Mr Sweeney and Alco Enterprises had given undertakings to the court in March 1999 that no stone material would be taken from the quarry pending the determination of ownership.
Around Christmas last year, said Mr Gardiner, Mr Sweeney had returned to the quarry and had drawn stone from it. At the beginning of this month he again began taking significant amounts of stone from the quarry and selling it to a building firm. The matter came before the court on April 14th, and Mr Sweeney gave another undertaking not to draw stone.
Mr Sweeney, who had brought a "rock-breaker" and earth-moving equipment on to the site, had asked for and was given seven days to dismantle and remove the rock-breaker. The matter was put in for May 8th and Mr Sweeney was to swear an affidavit explaining why he ought not to be jailed.
Mr Gardiner said that instead of complying with his undertakings, Mr Sweeney had, on Holy Thursday and Good Friday, removed all the broken rock from the quarry. The High Court had given permission on Good Friday to notify Mr Sweeney that a motion seeking his attachment or committal to prison had been re-entered, but Mr Sweeney continued to draw the stone material. Almost all of it had been withdrawn over the Border.
Counsel for Mr Sweeney said he had been told the rock-breaking equipment had been removed within seven days and that there would be no further activity within the quarry.
Mr Justice Finnegan said Mr Sweeney had disregarded two undertakings and a court order. It appeared to him to be a most outrageous contempt of the court.