FIANNA Fail has called on the Minister for Justice to intervene in the case of an 64 year old Achill woman who has spent the last 11 days in Mountjoy Prison for contempt of court.
Mrs Moira Gallagher, of Achill Sound, Co Mayo, was sent to Mountjoy when she refused to comply with a court order to get rid of a rooster and build a six foot wall between her garden and a neighbours.
Relations between Mrs Gallagher and the owner of a B&B next door, Mr Peter Masterson, have been poor for years. Gardai have intervened in bitter disputes between the pair on several occasions.
Following one dispute, during which a hedge separating the two gardens was uprooted, Judge Harvey Kenny in the Circuit Court ordered Mrs Gallagher to build the wall and dispose of the rooster, which he said was causing tension between the two neighbours.
When she appeared before the judge again at the end of October, she said she had no intention of building the wall, on a point of principle. According to a legal source, Mrs Gallagher did not formally appeal the court order. She maintains the land on which the hedge grew is hers and she had the right to uproot it.
Judge Kenny found her to be in contempt of court and, after detaining her in Westport for a day, ordered her transfer to Mountjoy. She will stay in prison indefinitely until she purges her contempt and agrees to comply with the court order.
Local people in Achill are outraged at her detention and plan to petition the Minister for Justice, Mrs Owen, to release the woman on compassionate grounds. "People are appalled and concerned that it has gone on so long," said a spokesman, Mr Michael McLoughlin. "She's a 64 year old woman who has not committed any crime. We're appealing to the Minister to release her immediately.
"She's a very principled woman and she's prepared to stay there as long as it takes. The whole island is shocked," Mr McLoughlin added.
A spokeswoman for the Department of Justice said the Minister was prevented by law from intervening in any contempt of court ruling.
Judge Kenny declined to comment.
The Fianna Fail spokesman on law reform, Mr Willie O'Dea, said the case was absurd and showed the urgent need to change the law on contempt.
Hardened criminals were released from prison early because of overcrowding, yet at these same time people were sent toe prison for non payment of debts and trivial offences.
"Surely there should be more flexibility here, not a situation, which makes the law look foolish, as it does in this case," he said.
"At the moment the Minister has the power to release someone who has been convicted of murder, after a period of time. Why not give her the right to intervene when someone is imprisoned for contempt of court?" He called on Mrs Owen to intervene as a matter of urgency in the dispute. If necessary, she should prepare legislation giving her the power to do so. It was "incredible" that, Mrs Gallagher should be detained indefinitely in Mountjoy on such a trivial offence.