Two men ordered to immediately halt alleged unauthorised works at ancient burial ground in Dublin
Seeking the injunction on Tuesday, Fingal County Council told the Circuit Court more human bones were unearthed at the Castleknock site last week, giving rise to a serious concern that irreparable harm has been caused to an officially recorded monument.
Judge John O'Connor granted the local authority an order directing defendants Jonathan Coyle, of Colecott Cottages, Ballough, Lusk, Co Dublin, and Conor Noone, of Maynooth Park, Maynooth, Co Kildare, to cease all earthworks at the site at River Road.
The council's barrister, Chris Hughes, told the court that site clearance works had been carried out by the defendants on a national monument where the remains of nearly 400 men, women and children had been professionally excavated by the National Museum in the late 1930s.
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The excavation uncovered blue and white glass beads, a lignite ring, bronze pins, flint arrowheads and some iron objects. A silver coin of Edgar of England dating to AD 967 was also found, indicating the site was used in the 10th century. Only a third of the Christian cemetery may have been excavated.
Liam Rooney, planning inspector with Fingal County Council, told the court via written evidence that he observed new excavation works, including the excavation of a metre-deep trench, most likely intended for drainage. Human remains were unearthed and removed by An Garda Síochána and given to the coroner's office to determine if they are ancient.
Mr Hughes, instructed by Fingal in-house solicitor Karl Gormley, said no consents were provided for the new works and the council is extremely concerned the works have caused serious, irreparable and permanent damage to the monument. It was believed the defendants would carry out further damaging works unless they were restrained, he said.
The council's application was made in the absence of the defendants. Mr Hughes said an early return date was needed so the defendants can provide the court with any information they wish to bring.
Granting temporary orders sought, the judge said he would deal with the case again on Thursday.
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