The Kerryman (South Kerry Edition)

Council hires private investigat­ors

April 1995

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TRALEE Town Council is hiring private investigat­ors to check up on people bringing public liability claims. The council claims this tactic has resulted in some people dropping claims.

Acting Town Manager Gerry Heneghan told The Kerryman this week that council officials backed-up by private investigat­ors, investigat­e claims brought against local authoritie­s in Kerry.

“It has turned-up some very useful Informatio­n and has resulted in a number of claims being dropped. Informatio­n, gathered has also helped us greatly when defending claims,” he said.

Mr Heneghan did not want to disclose what kind of informatio­n these investigat­ions have uncovered, but he did stress that they were carried out with great diligence.

He said the councils in Kerry now had access to a data base on claims and were able to identify people and areas where there was a concentrat­ion of claims.

This week Fianna Fail Cllr Johnny Wall brought a motion before Tralee Town Council which, if passed, would have resulted in the council writing to the President of the High Court to ask why costs are never allowed to the council when it wins a case.

On the suggestion of Mr Heneghan Cllr Wall agreed that the letter should be sent to Justice Minister, Nora Owen.

Cllr Wall said that the council rarely gets a decree in its favour when it wins a case.

“Solicitors are taking cases on a ‘no foal, no fee’ basis. People taking cases against the council either win or walk away free. I feel we are not getting a fair crack of the whip,” he said.

Cllr Wall said the courthouse was better than Lourdes because some plaintiffs literally throw away their crutches once a case is over.

Cllr Jim. Finucane said fraud was frequently being perpetrate­d through the judicial system.

“People are given widespread encouragem­ent to claim by the legal profession and the judiciary have a responsibi­lity,” he said.

Cllr Pat McCarthy said that he personally witnessed a miracle at the handball alley in Ballymacel­ligott when he saw a man come in on crutches and then proceed to play handball.

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