*The matter was before Ennis District Court.
A DAUGHTER in law seeking a civil restraining order against her in-laws has prompted a judge to say “let’s not destroy an entire family. We have to try to defuse the grenade here”.
In the case before Ennis District Court, the woman is seeking a civil restraining order against her in-laws made possible under new legislation introduced last September which is aimed at protecting victims of harassment.
Both the woman and her father in law and mother in law were seated on opposite sides of the courtroom for the preliminary hearing into her application.
Judge Alec Gabbett asked, “Is there a possibility of compromising this for the sake of the grand-children”.
He said, “Let’s not destroy an entire family. We have to try to defuse the grenade here”.
Judge Gabbett said, “The grand-children are entitled to a relationship with their grand-parents”.
Solicitor for the father in law and mother in law, Stiofan Fitzpatrick said that his clients “are at a loss at what the application is about”.
Judge Gabbett said that the woman has been in a lengthy marriage with the son of the couple in the case.
Solicitor, Edel Ryan for the woman seeking the civil restraining order against her in-laws told the court that divorce proceedings against the husband are to be issued on behalf of her client next week.
Judge Gabbett said that in such a case “you are dealing with deep seated issues going on for years”.
Counsel, Rebecca MacCana BL for the applicant told Judge Gabbett that her client’s evidence will take thirty minutes where there is also CCTV evidence in the case.
Judge Gabbett adjourned the case to March 14th to allow the applicant to lodge a statement to court outlining the grounds for the restraining order.
In a second unrelated civil restraining order case, a solicitor, Billy Loughnane said that a fluent English speaker was being “awkward” by requesting that the case concerning his restraining order against Mr Loughnane’s client, a woman, be conducted in Irish.
Mr Loughnane said, “I am well capable of cross-examining in Irish and have done so for decades. This man is at no disadvantage whatsoever if this goes ahead in English”.
He said, “I don’t want to go into the ins and outs of the case but this thing is vexatious and he is now being awkward”.
Mr Loughnane said that his client does not speak Irish and Judge Gabbett said that an interpreter would be required at great cost if the proceedings were to proceed in Irish.
Mr Loughnane said that the man’s restraining order application follows his own client seeking a restraining order against the man in a court in Co Galway which is returnable to the March 20th.
The man who is a non-Irish national denied being awkward in seeking to have the proceedings in Irish. He said, “I have the right to speak in Irish.”
Mr Loughnane said, “No one respects that right more than myself.”
Judge Gabbett said that he will decide if the proceedings will proceed in Irish or English at a future date.
The man seeking the restraining order against the woman said that her own restraining order application “is outrageous and ludicrous”. He said, “Fighting with imaginary enemies – that is what this is all about”.
Asked the relationship between the two, Mr Loughane said, “It was employer-employee.”
Judge Gabbett asked could the case be resolved by each party making sworn undertakings to the court.
The man said, “That sounds like a good compromise – can we do it now”.
However, the woman rejected resolving the matter by sworn undertaking. She said, “It is too serious”.
Judge Gabbett adjourned the case to March 14th.
