The Supreme Court yesterday upheld an appeal by a Youth Defence activist against part of a High Court order arising from a picket of an Irish Family Planning Association (IFPA) clinic in Dublin. The three-judge court also awarded costs to Mr Maurice Colgan against the IFPA.
The hearing arose following a Youth Defence picket of the IFPA clinic at Cathal Brugha Street, Dublin, in March 1999. On March 8th, the High Court had granted the IFPA an order restraining Youth Defence and three named persons, including Mr Colgan, from picketing the headquarters and clinics of the IFPA.
Later, proceedings were issued alleging breach of the order restraining picketing.
At a hearing in August 1999, counsel for Youth Defence and other parties undertook to abide by the terms of the March order and proceedings were struck out against other persons.
Mr Colgan, of Elmesborough Crescent, Tallaght, Dublin, appealed against part of the High Court order of Mr Justice O'Donovan of August 18th, 1999. He appealed against the judge's failure to dismiss the motion against him and also the failure to award him costs against the IFPA, claiming the judge erred in law and in fact.
The appeal was heard in about 20 minutes by the Supreme Court yesterday. The Chief Justice, Mr Justice Keane, said the court had read the papers in the matter and it appeared Mr Colgan should never have been before the court.
The trial judge had noted Mr Colgan was not named or identified in affidavits on behalf of the IFPA as being in breach of the March High Court order and had accepted Mr Colgan's assertion he did not commit any act which could be construed as a breach of that order.
The Chief Justice said the central issue in the appeal appeared to be costs.
Ms Carmel Stewart, for the IFPA, agreed the central issue was costs but said it had never been argued at the hearing before Mr Justice O'Donovan that Mr Colgan was improperly before the court.
The Chief Justice told Mr Colgan the court would make an order allowing his appeal and awarding him costs against the IFPA.
Mr Colgan said he wished to raise matters and handed a document to the judge. The Chief Justice told Mr Colgan he had got the orders he had sought and the court could not address matters which were not properly before it. When Mr Colgan persisted, the Chief Justice and other judges rose to leave. Mr Colgan asked were they refusing to hear him and Mr Justice Keane replied: "yes".