f 7,;:; by ,( dec - environmental protection agency · me that raymond deegan said to her "we...

f 7 , ; : ; BY

,( THE HIGH COU T

2002 Ma, R?hnC=l;gh

IN THE MATTER OF AN APPLICATION- PLANNING AND DEVELOPMENT ACT 2000

1 3 DEC 2004

- FROM ; f (-3 ? A P T 3 1 . i r$i i ,a -

9 .

AND IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 160 OF THE PLANNING AND DEVELOPMENT ACT

2000

AND IN THE MATTER OF AN APPLICATION BY

BOB HIGGINS, KIERAN DAMERY, RAYMOND DEEGAN, MARGARET HUDSON, STEPHEN NETTLESHIP, ANN

NETTLESHIP, AND THE COUNTESS OF ROSSE

Applicants

And

T and J STAMDISH (ROSCREA) LIMITED, JOSEPH STANDISH, JOHN STANDISH AND TOM STAMDISH

Respondents ?

AFFIDAVIT OF JOHN STANDISH

I, John Standish, of 14 Oxmantown Mall, Birr, in the County of Offaly, Company Director,. being eighteen years and upwards, make oath and say as follows:

1. I am the Third Respondent in the above entitled proceedings. I make this affidavit from facts within my own knowledge save where so otherwise appears, and where so appears I believe the same to be true.

2. On the 20th August 2004 at approximately 9.15 p.m. I received a telephone call from one of my workmen, TIm Conroy, who wa(3 engageta

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by me in operating the tanalising machine at the pr respondent the subject matter of these proceeding suspicious activity at my mother's house, with a nu waritdng r*)aasua. and rrcsumrml flrrmkor rqr II(JMO

3. I told him that it would take me twenty minutes to get to the premises, and I left immediately. On my way, I received another phone call, from my sister-in-law Deborah Standish. She was extremely upset on the telephone, and informed me that Kieran Damery, Raymond Deegan and Peter Sweetman had verbally abused her on the road. She told me that Raymond Deegan said to her "We have you lot nearly defeated you bitch".

4. When I approached my parents' entrance, I saw Peter Sweetman and Raymond Deegan coming out of the entrance and running down the road to a car which was waiting approximately 200 to 300 yards away. I drove into the yard, to find my mother and father standing there in a very distraught way. My mother told me that twr, people had been in their yard, taking pictures of them up close, and putting flash lights in

? their face. I then drove down the road to see if Deborah and her two - children were all right. My brother Tom, her husband, was abroad on business. I met Deborah in her jeep near the saw mill entrance. I pulled up to speak to her. As I did so, I felt a bang, and when I got out of my jeep I discovered that Kieran Damery's car had driven into the back of my jeep. Three people then got out of the car: Kieran Damery, Raymond Deegan, and Peter Sweetman. As they did so, they were hurling verbal abuse at me. Mr. Sweetman said he was an officer of the Court. Kieran Damery walked up very close to me, and said that he; had people who would deal with me within the next forty-eight hours?. 1 was extremely concerned at this threat, as it had already been acknowledged on oath by Kieran Damery within these proceedings that he has a record of involvement in subversive crime. I immediately telephoned the Gardai and asked them to come as quickly as possible because I feared for my safety and the safety of other members of my family in the vicinity.

5. During the next ten to fifteen minutes as 1 stood waiting for the Gardai, the three men continuously stood taking pictures of me, and when the Gardai arrived, they also took pictures of them.

6. I beg to refer to the affidavit of Raymond Deegan sworn the 7th day of September 2004 herein. At paragraph 2 thereof, he purports to set out the relevant portion of the Order of Mr. Justice Abbott herein. In fact, thm or'darr mmde pravieim m r tne apsratisn ai the tanaiialsg mestmine after 8.0 p.m., and the interim settlement between the parties included the following provision: "All saw mill facilities will cease by 8.0 p-m. with the exception of the bnalisingltreating machine, which is

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noiseless". The said affidavit has been application to the Court. The applicants of their fundamental duty to inform the Court

I \ I I I I

7. It is strongly denied that there has been any breach of the said Order on the part of the respondents since the matter was before the High Court on the 23rd July 2004. It is certainly true that the saw mill has been operated on a regular basis well-after 8.0 p.m., but only in respect of the said tanalising machine which causes no noise pollution whatever.

8. I beg to refer to paragraph 5 of the said affidavit of Raymond Deegan. I have known my sister-in-law Deborah Standish for a number of years, and have very regular contact with her. She is a mild person in both manner and temperament, and I could not imagine her shouting at any person, not to mention the hurling of obscenities as deposed to on behalf of the applicants herein. Certainly, while she was in my company and that of the said three men on that night, she did not shout or hurl obscenities at any of them.

. 2 '<

9. With regard to the contents of paragraph 6 of the said affidavit, I did not drive up to where Raymond Deegan and Peter Sweetman were standing; rather, they ran from a point inside my parents' entrance to Mr. Damery's car. It was the said three men who approached Deborah Standish and me when I met her near the saw mill entrance. I categorically deny the sequence of events as then described by - Raymond Deegan. In particular, I did not reverse my jeep into Mr. i Damery's car, I did not ask my sister-in-law to box in Mr. Damery's car, I did not shout "1'11 teach you a lesson", and Deborah Standish (who was obviously very frightened and distressed) did not laugh (then, or at any other stage on that evening, in my presence) or use the words attributed to her by Raymond Deegan or any similar words.

10. I beg to refer to the affidavit of Peter Sweetman sworn the 8th day of September 2004 herein. Throughout these proceedings, Peter Sweetman has behaved in an aggressive, partisan and crusading manner. It has already been deposed to in these proceedings that M'r. Sweetman shouted at and verbally abused my workmen outside an oral planning hearing in Tullamore. As stated above, he represented himself on the evening of the 20th August 2004, as "an officer of the Court". I say and believe that he is incapable of that degree of dispassion appropriate to an expert witness which has been displayed throughout these pramedlngs by the reapandentel e~pept, t u @ e ~ r ~ McKeown, and by Ronald Bergin on behalf of the applicants.

I I. With regard to the photographs exhibited at paragraphs 4 and 5 of the

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12.

13.

3 ^ .

14.

15.

1 3 DEC 2004

affidavit of Peter Sweetman, these show loading and unloading the tanaliser, the U not only permitted by the Court, but agreed between the parties. The photographs show bales of timber on a loader at different stages: white In colour berorelobdlng into the tmallser, and blueigi-eeer;l iri c u h r after they have emerged from the said machine. One photograph shows a saw on the said loader; this had been repaired during that day, and it was simply being brought into the shed at night for security.

With regard to the contents of paragraph 7 of the affidavit of Peter Sweetman, it is acknowledged by him that he and his group decided , rather than leaving the scene, to turn around their car and drive back to where I had stopped, before he and his confederates emerged together from the car. He states (at paragraph 8) that h e photographed my elderly father and mother (without apparent reason).

The sequence of events as outlined by Mr. Sweetman is a fabrication. I had already stopped my jeep opposite Deborah Standish's vehicle when the three men approached, and the allegation that I reversed my jeep into Mr. Damery's car is the opposite to the truth. It is also untrue to state that Kieran Damery sat in his car whilst the other two men were outside (as deposed to at paragraph 10 of the said affidavit); rather, as set out at paragraph 7 thereof, all three men got out of the car together when they arrived at the scene.

Neither I nor any member of my family has, to my knowledge, engaged in threatening behaviour towards the applicants, or any person on their behalf. Being ourselves the victims of a sustained campaign of vilification and vituperative abuse and intimidation, my family and I are strongly opposed to any such activity. While it may be the case that the Applicants' Solicitor telephoned the Gardai on that night, they were telephoned on at least three occasions by me or by members of my . family before they arrived.

$

The events of the night of the 20th August 2004 have had a seriously damaging effect on my elderly parents. Prior to this, on the 13th August 2004, one of the family's cattle was found shot dead in a field. Moreover, subsequent to the events of the 20th 'August, a silage pit the property of my family and situate at Aghancon, in the County of Offaly, has been attacked with sharp implements and damage to the value of approximately €15,000 has been caused. I beg to refer to copy letters from my Solicitors, O'Connor Menton 8, Co. to Casey & Co., Solicitors for the Applicants dated the 25th August 2004 and the 3rd Bepternber 2004 upon which, plnned together and marked wlth the letter "A', I have endorsed my name prior to the swearing hereof. I am informed by my Solicitors that Casey & Co. have not responded to these letters other than issue of the present Application.

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1 3 DEC 2884

And:

The Chief Registrar,

I

16. I say and believe that the three men ref an openly provocative and hostile way towards me and members of my fami\y on the evening of the 20th Au ust Last a\\ had know\edge of the

to these proceedings, and Peter Sweetman was present in Court when the same was made.

! I I

making of the Order UP the COUI? or' a e h i d dui) 2004. rwu aie raitles

Sworn this 23~6 day of M e 2004, by the said John Standish, at Roscrea, in the County of Tipperary, before me a P Practising Solicitor in and for said County and I kn w the deponent.

. .

-/Practising /G& J-SJq <I-W

is . .

1 ; Solicitor

1

Filed on behalf of the Respondents by:

O'Connor, Menton and CO Main Street, Roscrea, County Tipperary Solicitors for the Respondents

To: Casey and Company, North Main Street, Bandon, County Cork Solicitors for the Applicants

J I

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II

" A

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I 1 3 EEC 2004

outrageous that they should be put upon and frightened in this manner. The Gardai are at present taking Statehents from the Standishs and prosecutions against your clients may follow. The threat made against John Standish is very serious and all the more so by reason of the fact that one the Standish cattle was found shot dead in a field on Friday the 13th. August.

You may take it the foregoing will be brought to the attention of his Hon. Justice Henry Abbott at the next Hearing of the High Court.

Casey & CO., Solicitors, North Main Street, BANDON. FAX & DX. 13 001 BAN~ON

--

Yours faithfully, $ ..

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1

FL.JS. BM.

The High Court.

3rd. September, 2004.

Higgins& Ors. -v- Standish CIC Ors.

Dear Sirs,

We have yours of the 2nd. inst. in the above. You make no reference to our letter to you o f 25th. August last. What is your response to this letter?

With ref8rence to yours of the 2nd. inst. we reply as follows:

1. Our clients refute and deny the allegations in your letter that work is being carried out in the Saw Mill after 8 p.m., other than the normal running of the TanaIiser Machine.

2. Each and every worker will state that they have ceased working, and left the premises, by 8 p.m.; they are not paid to work any longer and accordingly .. are not going to stay on the premises. ?

3. Tom Standish has been absent from Leap for the past three weeks.

4. Your clients behaviour in recent weeks amounts to harassment and has become intolerable for our clients and their elderly parents - see our letter to you dated 25th. August. Since then there has been a further incident wheie a Silage Pit covered in plastic, the property of the Standishs, has been attacked with sharp implements and approx. €1 5,000 damage has been caused.

5. A recent example of our clients compliance withthe Court Order is that a Driver from Wicklow, who arrived after 8 p.m., was told by John Standish he could not unload his Lorry - this man then slept in his Lorry over night and carried out the unloadmg process the following day.

6. Any Application by you as indicated in your letter will be strongly resisted by our clients. As you may expect our own Counsel are still on Annual Vacation and will not be available until, at the earliest, Monday next.

Yours faithfully, Casey & Co., Solicitors, North Main Street, BANDON, Co. Cork

- . ̂ I _ - ~ - ..

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_y__' 2002 NO. 61MCA FROM '3

. I

IN THE MATTER OF AN APPLICATION PURSU AND DEVELOPMENT ACT 2000

AND IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 160 OF THE PLANNING AND DEVELOPMENT ACT 2000


BOB HIGGINS, KIERAN DAMERY, RAYMOND DEEGAN, MARGARET HUDSON, STEPHEN NETTLESHIP, ANN NETTLESHIP, AND THE

1 Applicants COUNTESS OF ROSSE

., And

T and J STANDISH (ROSCWEA) LIMITED, JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH

Respondents - i

AFFIDAVIT OF JOHN STANDISH

O'Connor, Menton & Co., Solicitors,

Main Street, Roscrea, County Tipperary.

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F c

"_.Me "

THE HfGH COURT

2002 No. 61MCA

IN THE MATTER OF AN APPLICATION PURSUANT TO THE PLANNING AND DEVELOPMENT ACT 2000

AND IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 160 OF THE PLANNING AND DEVELOPMENT ACT

2000 . .


BOB HIGGINS, KIERAN DAMERY, RAYMOND DEEGAN, MARGARET HUDSON, STEPHEN NETTLESHIP, ANN

NETTLESHIP, AND THE COUNTESS OF ROSSE

Applicants

And

T and J STANDISH (ROSCREA) LIMITED, JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH

Respondents ? <

AFFIDAVIT OF DEBORAH STANDISH

I, Deborah Standish, of Leap, Ballybritt, Roscrea, in the County of Offaly, housewife, being eighteen years and upwards, make oath and say as follows:

1. I am the wife of Tom Standish, the fourth respondent in the above- entitled proceedings. I make this Affidavit from facts within my own knowledge save where so othenrvise appears, and where so appears I believe the same to be true.

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2.

3

4.

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On the night of the 20th August 2004, my h on business. I received a telephone call fro Standish from his home in Birr. He told me that something suspicious was going on near my parents-in-law's house. I told my young daughter to bolt the door, and dmve up to look. As 1 approached the scene, I noticed some men. I stopped my jeep, wound down the window and asked what they were doing. Peter Sweetman approached the jeep. I was extremely frightened by his demeanour, and my stomach churned. I drove up the road farther, and noticed Raymond Deegan. I asked him what he was playing at and he said "We have you lot defeated, you bitch". I was extremely frightened by this, and began to shake. I drove to my parents-in-law's house, and asked them to ring the Gardai. My parents-in-law were both frightened and distressed. I rang John, and told him that Mr. Sweetman, Mr. Deegan and Mr. Damery were outside the mill taking pictures. I got back into my vehicle, and drove down to the mill. As 1 did so, 1 could see flashes coming from the upper ditch. I went into the office to ring the Gardai again, and to try to calm myself.

I then went out of the mill to go back to check on my parents-in-law, Pauline and Joe. Just up from the entrance of the mill, I met my brother-in-law John. Just as I puffed up to speak to him, there was a loud bang, and I noted that Kieran Damery had driven into the back of John's jeep. Immediately, three people emerged from Kieran Damery's car, Mr. Damery, Mr. Deegan, and Mr. Sweetman. All were hurling abuse at us. Mr. Sweetman said that he was an officer of the Court. I heard Kieran Damery threaten John that within forty-eight hours he would be got. John again phoned the Gardai. I was extremely - - frightened and distressed, especially as Peter Sweetman kept flahhing his camera in my face and at my jeep. When the Gardai finally arrived, Mr. Sweetman was also taking pictures of them.

I have seen the Affidavits of Raymond Deegan and Peter Sweetman sworn on the 7th September 2004 and the 8th September 2004 respectively. It is entirely untrue to say that John Standish reversed his jeep into Mr. Damery's car, or that he told me to "box him in". I most certainly did not laugh at any time during these exchanges, or use the words attributed to me. The group of men was behaving in a highly hostile and threatening manner, and this was exacerbated by my knowledge of Kieran Damery's history of involvement in subversive crime. Mr. Sweetman took a number of photographs of my elderly parents-in-law, who had approached. 7

Tneib event@, arid the rjthmr ravsntr dlepoead to In the rPWldavlt of John Standish, have left me and the extended Standish family in a very frightened and distressed condition.

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1

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7 $lii."<#+ I I .C'_n _l_IrnTL1 -- I: ,.'i,..d ijGp;D ~~~~~~~

Sworn this 43 2004, by the said Deborah Standish, at Roscrea, in the County of Tipperary, before me a GetrtRtts4teRer d n r / P ractising Solicitior in and for said County, and I know the

&- . .

. . -hs,Practising Solicitor.

Filed on behalf of the Respondents by:

O'Connor, Menton and CO Main Street, Roscrea, County Tipperary Solicitors for the Respondents

To: Casey and Company North Main Street, Bandon County Cork Solicitors for the Applicants

And The Chief Registrar, Central Office, Four Courts Dublin 7

.-..

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2002 No. 61MCA

IN THE MATTER OF AN APPLICATION PURSUANT TO THE PLANNING AND DEVELOPMENT ACT 2000

AND IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 160 OF THE PLANNING AND DEVELOPMENT ACT 2000


BOB HIGGINS, KIERAN DAMERY, RAYMOND DEEGAN, MARGARET HUDSON, STEPHEN NETTLESHIP, ANN NETTLESHIP, AND THE

Applicants COUNTESS OF ROSSE

And

T and J STANDISH (ROSCREA) LIMITED, JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH -

L

s:

Respondents

AFFIDAVIT OF DEBORAH STANDISH

Q'Connor, Menton & Co., So I i c ito rs ,

Main Street, Roscrea, County Tipperary.

/

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-*- THE HIGH COURT 1 : - T R . D , ~ E D FROM

1 " I Record No: 2002/61 MCA

> .>, I '- - L *&_.b.

IN THE MATTER OF AN APPLICATION PURSUANT TO THE PLANNING AND DEVELOPMENT ACT, 2000

AND I N THE MATTER OF AN APPLICATION PURSUANT TO SECTION 160 OF THE PLANNING AND DEVELOPMENT ACT, 2000


BOB HIGGINS, KUERAN DAMERY, RAY DEEGAN, MARGARET HUDSON, STEPHEN NETTLESHIP, ANN NETTLESHIP

AND THE COlJNTESS OF ROSSE

Applicants -and-

T&J STANDISH (ROSCREA) LIMITED, JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH

Respondents

AFFIDAVIT OF RAY DEEGAN

- I, Raymond Deegan, Gentleman, of Aghancon in the County of Offaly aged eighteen years and upwards hereby MAKE OATH and say as follows:-

1. I say that I am the third named Applicant in the above entitled proceedings hnd I make this Affidavit from facts within my own knowledge save where otherwise appears and where so appearing I believe the same to be true and accurate.

-

2. I say that I make this Affidavit in response to the AEdavit of John Standish sworn on the 23d day of September 2004, and the Affidavit of Deborah Standishesworn on the 23rd September 2004.

3. I say that the contents of those Affidavits are denied insofar as they contradict or conflict with that which is set out in my Affidavit, sworn on the 07'h September herein, and in the Affidavit of Peter Sweetman, sworn on the 08'h September 2004.

4. I say that my said Affidavit correctly relates the recent events in Aghancon, and I re- iterate the contents of my said Affidavit.

5. I say, in particular, that I did not address Deborah Standish with the words "We have you lot nearly defeated you bitch" or with any similar words or in any words of similar meaning.

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1 3 BEC 2004

6. With regard to paragraph 6 of John Standish's Affida not concerned with the operation of the tanalising machine, but rather with the other activities on site which are carried on beyond the hours of 8 p.m., including, but not limited to, the arrival and delivery andor dispatch of lorry loads of timber, and the loading and unloading of the same, and active timber production activities at times up to 10.00 p.m. at night.

7. At paragraph 15 of John Standish's Affidavit he makes reference to events which have purportedly occurred on his family's property. I say that such events have absolutely no relevance to these proceedings nor were any such activities perpetrated by me or by any of my fellow Applicants or by anybody acting on our behalf and the inclusion of the same in the Affidavits filed by the Standishes herein is an attempt to blacken the names and characters of all of the Applicants herein.

Sworn by the above-named RAY DEEGAN at In the County of This day of October 2004 Before me a Commissioner for OathsPractising Solicitor and I know the Deponent

Commissioner for Oaths/ Practising Solicitor

Filed this Applicants, North Main Street, Bandon, County Cork

day of September 2004 by Casey & Company, Solicitors foc the

1

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AND IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 160 OF THE PLANNING AND DEVELOPMENT ACT, 2000

AND I N THE MATTER OF AN APPLICATION BY

BOB HIGGINS, KIERAN DAMERY, RAY DEEGAN, MARGARET HUDSON, STEPHEN NETTLESHIP, ANN NETTLESHIP

AND THE COUNTESS OF ROSSE

Applicants -and-


Respondents

AFFIDAVIT OF RAY DEEGAN

CASEY & COMPANY, Soliiitors,

North Main Street, Bandon,

County Cork,

Tel: 023 - 44400 Fax: 023 - 44853

E-Mail: [email protected]

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mailto:[email protected]

I

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I

J 1 I 1

IN THE MATTER (

THE HIGH COURT

NT TO THE PLANNING AND DEVELOPMENT ACT, 2000





Applicants / -and-

TScJ STANDISH (ROSCREA) LIMITED, JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH

Respondents

AFFIDAVIT OF PETER SWEETMAN

. I, Peter Sweetman, Planning Consultant, of 73 Grosvenor Road, Rathmines, Dublin 6 , aged eighteen years and upwards hereby MAKE OATH and say as follows:-

1. I &y that I am the Planning Consultant retained by the Applicants in the above- entitled proceedings and I make this Affidavit on their behalf from facts within my own knowledge save where otherwise appears and where so appearing I believe the same to be true and accurate.

,.

2. I say that I make this Affidavit in response to the Affidavit of John Standish sworn on the 23'd day of September 2004, and the Affidavit of Deborah Standish sworn on the 23rd September 2004, which I have read. With regard to the contents of those Affidavits, I say that it is interesting to note that the sequence of events described by Deborah Standish and John Standish varies greatly, and they conflict with one another.

3. I say that the contents of those Affidavits are denied insofar as they contradict or conflict with that which is set out in my Affidavit, sworn on the 08'" September herein, and in the Affidavit of Ray Deegan, sworn on the 07* September 2004.

4. I say that my said Affidavit correctly relates the recent events in Aghancon, and 1 re- iterate the contents of my said Affidavit.

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5. I say, in particular, that I did not say any similar I was there words to the Standishes. I told Garda

on the instructions of my instructing S f the Court. Garda Hussey's response to this was to ask why my instructing Solicitor wasn't present, to which I responded that I was there on his instructions.

6. At paragraph 15 of John Standish's Afidavit he makes reference to events which have purportedly occurred on his family's property. I say that such events have absolutely no relevance to these proceedings and the inclusion of the same in the Affidavits filed by the Standishes herein are an attempt to blacken the names and characters of me and of the Applicants herein.

7. I deny absolutely the allegations contained in the Standish's Afidavits regarding my conduct, and I say that their allegations regarding the conduct of Raymond Deegan and Kieran Damery are false and malicious. The events leading to the damage to Mr. Damery's car, and the manner in which the damage was perpetrated are as set out in my Affidavit sworn on the O8Ih September 2004, and in the Afidavit of Ray Deegan sworn on the 07* September 2004.

Sworn by the above-named PETER SWEETMAN at In the County of This day of October 2004 Before me a Commissioner for Oathflractising Solicitor and I know the Deponent -

i.

Commissioner for Oaths/ I Practising Solicitor

Filed this North Main Street, Bandon, County Cork

day of September 2004 by Casey & Company, Solicitors for the Plaintiff,

It

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I

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THE HIGH COURT Record No: 2002/61MCA

I N T ION PURSUANT TO THE PLANNING AND DEVELOPMENT ACT, 2000


. AND IN THE MATTER OF AN APPLICATION BY



Applicants -and-


Respondents

AFFIDAVIT OF PETER SWEETMAN

1 CASEY & COMP&NY,

Soli&tors, North Main Street,

Bandon, County Cork.

Tel: 023 - 44400 Fax: 023 - 44853


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/ .

k -*-

THE HIGH COURT Record No: 2002/61 MCA




BOB HIGGINS, KERAN DAMERY, RAY DEEGAN, MARGARET HUDSON, STEPHEN NETTLESHIP, ANN NETTLESHIP


Applicants -and-


Respondents

AFFIDAVIT OF KlERAN DAMERY

I, Kieran Damery, University Lecturer, of Aghancon in the County of Offaly aged eighteen years and upwards hereby MAKE OATH and say as follows:- -.

1.

2.

3.

4.

5.

? I say that I am the second named Applicant in the above entitled proceedings and I make this Afidavit from facts within my own knowledge save where otherwise appears and where so appearing I believe the same to be true and accurate.

I say that I make this Afidavit in response to the Affidavit of John Standish sworn on the 23rd day of September 2004, and the Affidavit of Deborah Standish'sworn on the 23'd September 2004, which I have read.

I say that the contents of those Affidavits are denied insofar as they contradict or conflict with that which is set out in Ray Deegan's Affidavit, sworn on the 07* September herein, and in the Affidavit of Peter Sweetman, sworn on the 08'h September 2004, both of which I have read.

I say that the said Affidavits of Peter Sweetman and Ray Deegan correctly relate the recent events in Aghancon.

I deny absolutely the allegations contained in the Standish's Affidavits regarding my conduct, and I say that their allegations regarding the conduct of Raymond Deegan

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a 1

9

6.

7.

-. . . -. . -. . . . . . . . _. - ._ . . . . - . . . - - - -. . . -. . ._ . . - - - . . . . ._ . . . . . . . -

I 3 DEC 2004

and Peter Sweetman are false and malicious. The ev car, and the manner in which the damage was pe Affidavit of Peter Swetman, sworn on the 08' September 2004, and in the Affidavit of Ray Deegan sworn on the 07Lh September 2004.

In particular, I say that I did not threaten John Standish in any way, I did not tell him that I would have someone get him in forty eight hours, nor did I say anything to him which would lead him to believe that I would have someone get him.

At paragraph 15 of John Standish's Asdavit he makes reference to events which have purportedly occurred on his family's property. I say that such events have absolutely no relevance to these proceedings nor were any such activities perpetrated by me or by any of my fellow Applicants or by anybody acting on our behalf and the inclusion of the same in the AGdavits filed by the Standishes herein is an attempt to blacken the names and characters of all of the Applicants herein.

Sworn by the above-named KIERAN DAMERY at In the County of This day of October 2004 Before me a Commissioner for OathsPractising Solicitor and I know the Deponent

Commissioner for Oaths/ Practising Solicitor ?

Filedthis day of September 2004 by Casey & Company, Solicitors for the Applicants, North Main Street, Bandon, County Cork

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1

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”> ,-

IN THE MA

THE HIGH COURT Record No: 2002/61MCA

URSUANT TO THE PLANNING AND DEVELOPMENT ACT, 2000





.

Applicants -and-


Respondents

AFFIDAVIT OF KIERAN DAMERY

CASEY & COMPANY, Solicitors,

North Main Street, Bandon,

County Cork.

Tel.: 023 - 44400 Fax: 023 - 44853


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COURTS SERVTCE An tSeirbhis Chuirteanna

WITH COMPLIMENTS

CENTRAL OFF ICE ,The High Court,The Four Courts, Dub-lin 7. A N PR iOMH-OIF IG .An Ard Chuirt, Na Ceithre Chuirt, Baile Atha Cliath 7.

TelephonelTeileafon: 0 I 888 6000 FaxlFacsuimhir: 0 I 872 2554 Website/LbithrePn Greasain: http://www.courts.ie

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http://www.courts.ie

BOB HIGGINS, KIERAN DAMERY, RAY DEEGAN, M A K C X ~ I ~ u u u v l -

STEPHEN NETTLESHIP, ANN NETTLESHIP AND THE COUNTESS OF ROSSE

-and-

T & J STANDISH (ROSC JOSEPH STANDISH, JOHN STAND

Respc

BOOK OF PLEADINGS

Contents

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' I \- gSigned: CASEY & COMPANY, Solicitors for the Applicants, North Main Street,

County Cork

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I ,

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, ' , i:

BOB HIGGINS, KIERAN DAMERY, RAY DEEGAN HUDSON, STEPHEN NETTL

AND THE COUN

f 3 EEC 2024

T & J S TANDISH (ROSCREA) LIMITED JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH

Respondent

NOTICE OF MOTION

TAKE NOTICE that Counsel on behalf of Applicants shall apply to this Honourabll Court sitting at The Four Courts, Inns Quay in the City of Dublin 11 .OO am in thc forenoon or at the first opportunity thereafter as the matter may be reached on 'thc 10th day of June, 2002 for the following reliefs:-

c

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5. An Interim Order in the terms o f the foregoing pursuant to Section 160 (3) c

the Planning and Development Act, 2000.

I f necessary, an Order providing for the abridgement o f time for the bringin

o f these proceedings.

Such further or other Order as to this Honourable Court doth seem fit ant

6. @ 7.

meet.

An Order providing for the costs o f and incidental to this application. 8.

AND FURTHER TAKE NOTICE that the said Application shall be grounded up01

this Notice o f Motion, the Affidavits o f Peter Sweetman and Ronald J. Bergin datec the 23rd day o f May, 2002 and the exhibits thereto, the Affidavit o f service thereoj such firther .and other Affidavits as may be filed, the nature o f the case and thc reasons to be offered.

? , 1 . .-. . d 2 L. ..c k d '_ .,-%#ss

Dated this 2 ld day o f May, 2002. i_

- Signed:

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. . . . . . . . ---

- --

risk of ollution

it is not unduly concerned about the risk of pollution from what appears to be oil polluted water found in a culvert or drain off the main Dublin-Belfast road north of Dundalk. A council spokeswoman

confirmed samples were taken of the polluted material and from the nearby Flurry River yesterday and that officials from the council visited a number of sites including garages in thyvicinity of Car- rickamon in an effort to estab- lishthe origin of the oil.

The area affected is close to the Border and the possibility that the pollution could be linked to an illegal cliesel laun- dering operation has not been ruled out.

The Border is a popular location for smugglers and criminals who buy the cheaper marked gas oil and then use chemicals to launder it before selling it on and making a considerable profit.

According to reports yesterday-the- council-had started to pump the polluted waters away from the main road but in doing so it was being piped into loca’

woman said this might haye happened while a damaged culvert was being repaired but there was no cause for concern and the water supply was not affected.

An inquiry into the activi- tics of senior council officials has been called for by Sinn Fiin TD, hlr Arthur Morgan, “to see if they \\ere aware of what was a potentially very serious pollution problem and did not act”. Mr Morgan said “if there a re no-clear answers to this matter” by today he would contact the Eiivironmental Protection Agency.

s p m pas 3 7 3 - j * J *&.

~~~~~ ~ ~ ~ ~ ~ By-~iim.OzBrien~==_rL-- ~~~ -

Regional Development Correspondent i.

THE: Environmental ’ Protection

source of thediromium VI - a known carcinogenic used in industry and made infamous by the film Eriri Brockovich - to a local sawmill.

Standish Sawmills, in the Aghancon Valley, about six miles from Roscrea, CO Tipperary, h d been the subject of numerous EPA investigations relating to breaches of its Integrated Pollution Control licence, going back to 199s.

A director of the company, Mr Tom Standish, yesterday said the pollution had now ceased.

According to EPA documents, &en’“by The Iris% *Times,, the breaches included the release of a number of chemicals 2 including quantities of chromium. VI and copper ’ in excess of permitted limits - to surrounding surface water, the nearby Fuarawn river, .and the contamination of a number of local wells.

A testing report noted that both chromium VI and copper ivere con- stituents of timber presenratiye used on the site.

Standish Sawmills produces fencing products. -The-EPA-served-a notice-a@inst- the saivrnill, which trades as T&J Standish .(Roscrea) Ltd., in October 200 1, complaining, amongst other things, that annual

26,0i, and ?OOi hat 2:: ::t: completed.

A note on .the inspector’s file says that when asked about the pollution, Mr Standish “said perhaps it was from the stockpile yard”.

The agency secured a District Court conviction against the company in October 2000 for the coni- pany’s frlilurc to comply \vith a Section 12 enforcement notice. .

A further notice of non-conipli- nnce was served i n Januay 2002, after the EPA found “treated product \vas still dripping treat-. ment-liquor when removed to stockpiles”.

The agency also noted t h a i a “ncw staking plnrit had bccn coil- structtcl \fittiout notification to the

~ ~ \ < ~ a ~ L y i e ~ ’ d r2pos:s f:: !??e.

T&J Star,d!sll Sawmills, near Roscrea, CO Tipperary. A company director said the pollutidn attributed to the firni had ceased. Photograph: Alan Betson -

agency”. for damage to the \Val1 biit insisted the Minister supported such rural This new p)ant and other that a El00 fine reprcsented a vic- industries nnd had supported the

.aspects ofthe ope:&n also raised tory over “those \vho \\,anted Standishs’ application furcrettn- !!E ir? of !oi.31 residents. who thousands”. tive planning p e n i s

cc; is‘ Off:ly C~E:;? T!:? Tjn:cJ \:-it.-r&\. f5xed ci<<zi\, i:qu2rL %-;.~,;i Mr Parlon -,wlio,sb family ?rim is n.oulb appi6-b i: l d j i 2c;:mber.

ating withollt planning near the sawmilis - a nuniber of Thc decision is currtntly under pennission. 1 questions in relation to his knonl- appeal to Bord Pleanila.

complained edge of the damage to the historic The hlinister also said ,tie had that a historic \v$l: Part of the orig- monument, the pollution and thc been adi.ised th:it on fot>i! of the inal Leap Cad: foltification on absence of planning permissioii. council’s decision, “thc cibjLctions the site! had s?nlt years earlier I n a faxed reply, he did not cerncd lodged by Residents‘ thc Aglinn. .L\ becii knocked tlq!yl~. address the issue ofthe \\.all.

They -‘\vcre ifIWhcr allgcrerj H e said the Strindish faiiiily ha r l nhen hslr To171 qarlon \vas photo- successfully operated a sawniill The st:itciiient concluJc.;j: ‘.The graphed in t q c ~ i c w staking “in the rural community of Leap, hlinister is not conccnic.,j about facility, holdinEl fine of the new Roscrea, Offaly, for some time”, his lands being polluted !by the “pencil stakes :! alongside hlr being . a “very significant activities being carried o1:t at the

days before tdiICg office as hiin- heavily in their enterprise over the Lnst night a spokesri1al~ lor the ister Of State by1t1) responsibility past few years and now r u n a Aghancon Concerned Residsnts’

Wic Vi‘orks. 24-hour. seven-day-a-weck /issociation said “the suggestion o\vlcdged yes- operation”. t1i:it hn\.e \vithdrLiv;[l’is par- cn prosecutcd ?’tic statcnient continued tli:it hsgc”.

. / j I

that the STQiill w;is oper-

The residents.

have bccn \vithdra\\,n”.

Standish, in JUllf Of this year, just employer” which had “invested Standish sawmills.” I

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f 7,;:; by ,( dec - environmental protection agency · me that raymond deegan said to her "we...

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