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Galway businessman Declan Ganley challenges Level 5 COVID restrictions in the High Court

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Galway businessman Declan Ganley challenges Level 5 COVID restrictions in the High Court

Galway Bay fm newsroom - Galway businessman Declan Ganley today initiated a High Court challenge against certain regulations aimed at preventing the spread of Covid-19 which he claims breach his constitutional right to religious freedom.

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The Abbeyknockmoy based businessman, who is a practising Roman Catholic, claims that as a result of the state implementing what are known as Level 5 restrictions, he cannot leave his home and attend Mass.

The Judge said there was no likelihood of what is a complex case, if the state respondents choose to challenge it, being heard by the end of the month

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He adjourned it to December 8, one week after the restrictions are to be lifted, despite Mr Ganley's lawyers stating the urgency of the case

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Abbeyknockmoy based Declan Ganley claims the measures are a breach of his constitutional rights to practise his religion.

Arising out of that he has launched judicial review proceedings against the Minister for Health. Ireland and the Attorney General are notice parties to his proceedings.

The matter came before Mr Justice Charles Meenan who said the proposed challenge related to measures included as part of the government's Level 5 plan to combat the pandemic.

Those particular measures, he said, may expire on December 1st, which may render Mr Ganley's action moot, or pointless.

The Judge added that there was no likelihood of what is a complex case, if the state respondents choose to challenge it, being heard by the end of the month.

Judge Meenan, who directed that the application for permission to bring the challenge be heard on notice to the State, adjourned the matter to December 8th when circumstances can be reassessed.

In reply Mr Ganley's lawyers said the matter was urgent, and argued that similar restrictions regarding attending religious services could be re-imposed in the future.

Counsel said that while it was accepted that the restrictions challenged might well be lifted by December 1st there was a concern that the restrictions could be re-imposed by the Government.

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A 14-year old Ennis boy has appeared in court in connection with a spate of alleged car thefts in east Clare and south Galway on Wednesday of this week. At Ennis District Children's Court today, the school boy - accompanied by his grandmother - appeared in connection with the unlawful taking possession of three cars and attempt to get into a fourth from Gort in south Galway and Scarriff in east Clare on Wednesday of this week. The schoolboy is also charged with two burglaries and the criminal damage of one of the cars he is alleged to have unlawfully taken. When Judge Alec Gabbett asked the boy why he was here in court the teenager replied “stealing cars”. The teenager first appeared before a special late night sitting of Ennis District Court on Wednesday concerning the alleged offences and was remanded on bail to appear before court today. When Judge Gabbett asked the boy if he has returned to school since his court first appearance on Wednesday, the boy replied “not yet - I’d no runners”. The boy explained that Gardai took his runners and he only got new ones today. Judge Gabbett said: “You weren’t going to school without the runners so.” Judge Gabbett said that the Gardai would have taken his runners for forensic analysis as part of their investigation into the alleged offences. The teenager told Judge Gabbett that he will be going back to school on Monday. Judge Gabbett said: “You need to get back to school. And what about physical activity? Have you thought about that? Getting fit? I want you to be busy and active.” Judge Gabbett said that he would appoint Extern, a service which assists young people before the courts. In the case, the 14-year old is charged with the unlawful taking possession of 231 G, 06 G and 141 LS registered vehicles from Gallaghers Lane, Glenbrack, Gort, Co Galway; from Keehan Cleaners, Ennis Rd, Gort, Co Galway and from Church Street, Scarriff without the consent of their owners on Wednesday, February 4th. The alleged offences are contrary to Section 112 of the Road Traffic Act, 1961. The boy is also charged with attempting to get into another vehicle at Cloonahaha, Gort on February 4th. The young teenager is also charged with burglary from Keehan Cleaners, Ennis Rd, Gort Galway and at a property at Church Street, Scariff and the criminal damage of a 141 LS registered vehicle from Church Street, Scariff on February 4th. Judge Gabbett granted legal aid to solicitor, Daragh Hassett to represent the accused. Judge Gabbett further remanded the teenager on bail and attached strict bail conditions after being informed that there is no bed available at the Oberstown detention facility at Lusk in Co Dublin. As part of the bail conditions the boy must observe a 8pm to 8am Garda policed curfew, stay out of Galway and Scariff, not travel in a vehicle unless accompanying by his parents or grandparents and sign on at Ennis Garda Station on Monday, Wednesday and Saturday Judge Gabbett further remanded the 14 year old on bail for DPP directions to appear on February 18th at Ennis District Court.

A 14-year old Ennis boy has appeared in court in connection with a spate of alleged car thefts in east Clare and south Galway on Wednesday of this week.  At Ennis District Children's Court today, the school boy - accompanied by his grandmother - appeared in connection with the unlawful taking possession of three cars and attempt to get into a fourth from Gort in south Galway and Scarriff in east Clare on Wednesday of this week.  The schoolboy is also charged with two burglaries and the criminal damage of one of the cars he is alleged to have unlawfully taken.  When Judge Alec Gabbett asked the boy why he was here in court the teenager replied “stealing cars”.  The teenager first appeared before a special late night sitting of Ennis District Court on Wednesday concerning the alleged offences and was remanded on bail to appear before court today.  When Judge Gabbett asked the boy if he has returned to school since his court first appearance on Wednesday, the boy replied “not yet - I’d no runners”.  The boy explained that Gardai took his runners and he only got new ones today.  Judge Gabbett said: “You weren’t going to school without the runners so.”  Judge Gabbett said that the Gardai would have taken his runners for forensic analysis as part of their investigation into the alleged offences.  The teenager told Judge Gabbett that he will be going back to school on Monday.  Judge Gabbett said: “You need to get back to school. And what about physical activity? Have you thought about that? Getting fit? I want you to be busy and active.”  Judge Gabbett said that he would appoint Extern, a service which assists young people before the courts.  In the case, the 14-year old is charged with the unlawful taking possession of 231 G, 06 G and 141 LS  registered vehicles from Gallaghers Lane, Glenbrack, Gort, Co Galway; from Keehan Cleaners, Ennis Rd, Gort, Co Galway and from Church Street, Scarriff without the consent of their owners on Wednesday, February 4th.  The alleged offences are contrary to Section 112 of the Road Traffic Act, 1961.  The boy is also charged with attempting to get into another vehicle at Cloonahaha, Gort on February 4th.  The young teenager is also charged with burglary from Keehan Cleaners, Ennis Rd, Gort Galway and at a property at Church Street, Scariff and the criminal damage of a 141 LS registered vehicle from Church Street, Scariff on February 4th.  Judge Gabbett granted legal aid to solicitor, Daragh Hassett to represent the accused.  Judge Gabbett further  remanded the teenager on bail and attached strict bail conditions after being informed that there is no bed available at the Oberstown detention facility at Lusk in Co Dublin.  As part of the bail conditions the boy must observe a 8pm to 8am Garda policed curfew, stay out of Galway and Scariff, not travel  in a vehicle unless accompanying by his parents or grandparents and sign on at Ennis Garda Station on Monday, Wednesday and Saturday  Judge Gabbett further remanded the 14 year old on bail for DPP directions to appear on February 18th at Ennis District Court.