A Donegal company at the centre of the defective concrete blocks scandal could launch High Court proceedings for defamation.
The claim was made this week by a solicitor representing Cassidy Brothers Concrete Products Limited at Buncrana District Court.
Mr Éamonn Dillon of Edmond J Dillon Solicitors, Listowel, County Kerry, told the court that there have been ‘widespread attacks’ against Cassidys since comments made in court by a director of the company in November.
Donegal County Council has taken legal proceedings against Cassidys for non-compliance with planning conditions at its headquarters at Gransha, Buncrana.
Judge Éiteáin Cunningham asked for legal submissions from both sides and that these include submissions ‘as to whether the court has the power to look behind the enforcement notice’.
An enforcement notice was served on the company in May 2022 and in January 2023 a summons was issued, but in November the court heard that Cassidys were unable to discharge various financial contributions, totalling over €670,000, to Donegal County Council. These monies were part of strict conditions laid down by the local authority in granting planning permission for continuation of the quarrying works.
This week, Mr Kevin McElhinney, solicitor representing Donegal County Council, told Judge Cunningham during a sitting held at Letterkenny courthouse that the Council has received additional information from third parties in connection with the case.
Mr McElhinney said this was a ’significant amount of information’ and was something that may require him to make an application to the court.
Mr Dillon said any application in the matter would be a ‘red herring’ and informed the court that he would ‘vehemently oppose’ any such application.
“We know exactly what the issue is,” Mr Dillon told the court. “My client gave evidence that quarrying had ceased in the quarry in a specified month. Obviously there was a backlog or a store of aggregate on the premises, which was moved over the coming months.
“There were widespread attacks on my client alleging, inter alia, perjury on the basis that lorries were seen coming out of the quarry for a number of months. My client’s evidence was very clear: that was the date that quarrying had ceased. It is fully accepted that material was moved in the months after. It would be very unfair to my client if that was canvassed.”
Mr Dillon said it was his expectation that there will be High Court proceedings launched for defamation.
Mr McElhinney said the defence being run was being ‘contradicted’ by Mr Dillon’s comments.
Judge Cunningham said it would be ‘unusual’ for fresh evidence to be admitted where the prosecution has closed evidence, but told the parties that she will hear any applications and objections before making a decision.
“I felt on the evidence that it would be prudent to receive written submissions in light of what came out and also addressing whether the District Court has the power to look behind the enforcement notice,” Judge Cunningham said, putting the matter back to March 26, 2024.
In November, Ms Natasha Cassidy, a director of the company, addressed Buncrana District Court. From the witness box, she said that the last blasting of rock took place in April 2021 and no extraction works have taken place since around August 2021.
Ms Cassidy said that a ‘boycott campaign started and escalated’ against the company prior to the cessation of the quarrying.
“We weren’t receiving any money because customers wouldn’t pay,” Ms Cassidy said. “It was very acute. The business closed within weeks. We are not in a position now with these financial contributions.”
Mr Oisin Collins SC told the court on that occasion that Cassidys ceased operating in September 2021 and the site ‘was effectively forced to close’.
The court heard previously how a planning enforcement officer visited the site in April 2022 and established that six of 18 issues of non-compliance were either outstanding or part-outstanding and an enforcement notice was issued in May 2022.
The company was told to upgrade the Mill Brae junction, the intersection of Gransha Road and Looking Glass Brae, to provide a widened kerbline as heavy goods traffic was mounting and damaging the kerbs. Two pedestrian crossings were to be installed at Gransha Road as well as various signage.
Various monies, in respect of a security bond and financial contributions relating to road works and development charges, and which totalled €671,199.64, were still outstanding and were due to have been discharged by December 2020.