Two directors of a Co Clare ferry company walked free from court yesterday after spending a night in jail for being in contempt of a court order aimed at easing tensions between two rival ferry companies in Doolin. Gordon Deegan reports.
Bill O'Brien and Kevin O'Brien of Doolin Ferries spent Thursday night in Limerick prison after Judge Carroll Moran jailed them for being in breach of a court order agreed in June with a rival ferry company, Aran Islands Fast Ferries (AIFF).
The two re-appeared before Judge Moran again yesterday at Ennis Circuit Court and undertook not to go near the pier at Doolin for the remainder of the season.
During the brief hearing, the two apologised for being in contempt and Kevin O'Brien told the court: "After one night in jail, I definitely won't be breaking the order at Doolin."
In a sworn undertaking, Bill O'Brien told the court: "I sincerely apologise for taking up the court's time and for any inconvenience caused. I'm also undertaking not to go near Doolin pier for the rest of the season. I won't be actively involved any more. I won't go to the pier unless it is absolutely necessary."
He said that the company would now employ someone to manage the company's affairs at the pier. "After one night in jail, I fully understand the order."
Judge Moran told the court he imprisoned the two "very reluctantly" and said it was not a pleasant thing to do in a civil matter.
But he said it was clear the two had been in flagrant breach of the court order and were in blatant contempt of court.
"I accept their apologies and believe that they now understand the order and I vacate the order imprisoning them for contempt."
Both men agreed to adhere to the terms of the consent order, which restrains them and their staff from threatening or assaulting AIFF staff, from touting for business at Doolin pier, and from going within an exclusion zone around AIFF's office in Doolin.
Judge Moran sent the two to prison on Thursday after hearing that gardaí had received 42 complaints from AIFF in relation to Doolin Ferries in the past two months.
The judge was told that pellets were fired at the offices of AIFF by a member of staff of Doolin Ferries, and that AIFF passengers had been told by the defendants at the pier that their boat was overloaded and had only one engine.
Judge Moran also said that Bill O'Brien had concocted a story that he had been chased by AIFF staff around a field in serving the papers for court.
In his account, which the judge dismissed, O'Brien said he overheard Mr John Joe Fitzpatrick of AIFF saying: "He's here now, this is our chance to get him. He won't be shouting much when he has a bullet in the back of his head."
Mr Fitzpatrick, director of AIFF, earlier told the court he had been subject to a campaign of harassment by Doolin Ferries over the past two years.
His company set up in opposition to Doolin Ferries in Doolin last year in a bid to break the monopoly Doolin Ferries has enjoyed on routes to the Aran Islands from Clare for a number of years.
Each of the allegations made in court on Thursday night were denied by Bill O'Brien and Kevin O'Brien. However, Judge Moran said he was satisfied he could accept all of the evidence of AIFF and could not accept the contrary evidence put forward by the O'Briens.
The two O'Briens left Ennis courthouse without commenting yesterday.
Speaking after their release, Mr Dick Grant of AIFF said they were glad that civil order has been restored to Doolin pier. He said it would put an end to the harassment and obstruction at the pier. "All we want is to be able to trade freely and the court decision should benefit tourism in the area."
The O'Briens, through a sister company, O'Brien Shipping Ltd, operate a cargo service to the Aran Islands for which they receive a Government subsidy of €600,000 per year.
A spokeswoman for the Department of Community, Rural and Gaeltacht Affairs said yesterday the jailing of the two for contempt did not affect the Government contract as it concerned a company other than Doolin Ferries.