Judge dismisses case against business woman

THE prosecution of a 77-year-old businesswoman accused of carrying out an ‘unauthorised development’ by replacing a wall at her Wexford Town premises was dismissed by Judge Miriam Walsh.

The case against Colette Doyle, c/o Colman Doyle Homestore, 120 South Main Street, was taken by Wexford County Council following a complaint from An Taisce.

The planning watchdog became concerned when building activity was noticed at St Peter’s Square in an area associated with the historic old town walls.

Council official David Donegan attended the site in October of 2016 and he found what appeared to be foundations laid for a new wall where a previous wall had been demolished.

The area was fenced off and he did not obtain access to take a closer look.

A notice was then prepared requiring Ms Doyle to cease all such work at St Peter’s Square.

This notice was handed to a member of staff at a shop in nearby Peter’s Street but the construction of the new wall went ahead.

The case was fully defended under the direction of solicitor Pat McCarthy, with Ms Doyle present along with the man called in to build the wall.

This was stone mason Victor Bridges who recalled how the previous wall had been damaged in an accident.

A lorry belonging to a contactor employed by the council to put road markings on St Peter’s Square had rolled some 80 to 100 feet down a slope.

The runaway vehicle’s progress was halted when it hit the wall causing damage which the contractor Com Hearne agreed to pay for.

The witness reckoned that the old wall was not very well built. The new one was constructed with concrete blocks, finished with plaster to provide an exact replacement.

A digger was brought in, Bridges recalled, to demolish the damaged structure but excavations did not go below six inches, he reckoned.

When it was her turn to give evidence, Colette Doyle told the court that Doyle’s, which was honoured last year by the county with a civic reception to mark 100 years in business, was always concerned to respect archaeology.

They had received a conservation award in the past from the local authority.

She said that she did not see any warning letter and Judge Miriam Walsh dismissed the case as the court was not satisfied with prosecution evidence relating to the service of the notice requiring Doyle’s to desist from any work.