High Court rejects bid
- to halt work on M3 motorway
By - Adam Harvey.
AN APPLICATION by protesters for an injunction to halt
work on the M3 Dublin-Navan motorway on grounds of safety
and potential damage to a national monument linked to the
Hill of Tara has been rejected by the High Court.
Ms. Justice Mary Laffoy was told yesterday that
protesters had dug a tunnel near the monument, at an
esker known as Rath Lugh, and that any attempts to remove
a female protester who had allegedly chained herself to a
jack in the tunnel could result in the tunnel's collapse
and would represent a danger to safety.
The National Roads Authority (NRA) rejected claims that
works on the motorway created a danger of damage to Rath
Lugh and argued any delay in the project would cost the
taxpayer €330,000 a week.
Rath Lugh is located about 3.7km (2.3 miles) northeast of
the Hill of Tara and is divided from the hill by the
existing N3 road.
The injunction application was brought by a building
surveyor, Peadar Ó Ceallaigh, Wolfe Tone Close,
Jervis Street, Dublin.
He claimed the roadworks endangered Rath Lugh and that a
woman "trapped" in a tunnel underneath the road route was
in danger from the impact of heavy diggers passing over
it.
Mr. Ó Ceallaigh said a preservation order for Rath
Lugh, signed last month by Environment Minister John
Gormley, was under threat because of the works. He had
carried out his own survey and damage has already been
caused to the esker.
This was one of the most important archaeological sites
in Europe and needed to be properly investigated before
any more work took place, he said.
If the project was delayed for even two or three weeks,
he would try to pay the cost from his own pocket, he
added.
The NRA, the Minister and the Attorney General opposed
the injunction application.
Five companies involved in the project - Eurolink
Motorway Operations (M3) Ltd, Ferrovial, Agroman (Irl)
Ltd, SIAC Construction Ltd and Polish firm Budimex Dronex
Spolka Akeygna - were represented in court yesterday but
were not party to the proceedings.
Lawyers for the NRA and the Minister said there was no
danger to the preservation order. Declan McGrath, counsel
for the NRA, said no work would take place which would
impinge on the area of the preservation order or on a
buffer zone around it.
Refusing to grant the injunction, Ms. Justice Laffoy said
Mr. Ó Ceallaigh had no legal standing to make an
application on behalf of a person in a tunnel.
A challenge to the route of the M3 had already been
dismissed by the High Court and an appeal to the Supreme
Court was withdrawn, the judge noted.
© The Irish Times, 14th. March 2008.
Related Articles:
Green Party accused of U-turn in debate over M3 motorway
works.
M3 protester chains herself to tunnel in tense
stand-off.
Protester
sustained by peas and Pearse.
Tunnel protest fails to stop M3 work.
NRA denies undermining Rath Lugh monument.
Tara
protesters in for long haul.
Minister
places Permanent Order on Rath Lugh. Statement,
DoEH&LG.
M3 Protesters warn Gardaí: Tunnel "Will collapse".
Statement, STC.
M3 motorway protesters claim to have entered tunnel under
road.
21st. century souterrain. Statement. Rath Lugh Direct
Action Camp.
