E51 The Fifth Court

Hosts Peter Leonard BL and Mark Tottenham BL talk to Irish Times journalist, Ronan McGreevy, co-author a new book about the 1983 IRA kidnapping of Don Tidey called, 'The Kidnapping: A hostage, a desperate manhunt and a bloody rescue that shocked Ireland'. 

Now, 40 years after the event, the book comes as a timely reminder of the attempts made by the IRA to subvert the Irish State. The kidnapping also involved the murder by the IRA of two men, one a member of the Irish defence forces as well as a young Garda recruit, just three months into his training. No one has ever been convicted of these deaths.

The three discuss some of the legal issues arising from the number of trials involving the alleged kidnappers and we get a sense as to why no one was brought to justice.

As always Peter and Mark also discuss three new cases from the Decisis Casebook.

• A case involving a house that was let as a guest house but that was subsequently sub let to 36 refugees. Accommodating these refugees involved knocking down walls etc, without the house owners permission and without official planning permission. High Court judge Liam Kennedy found in favour of the sub-lessors!
• Harty V Harty is a case involving the sale of a family firm where an initial substantial sum was paid out on a transfer of ownership, but there was an outstanding €10m to be paid to Dr. Edmond Harty if there were a sale. The remaining shareholders argued there hadn't been a sale, but the court held there had.
• A third case involves a case where a borrower was evicted by a mortgagee who won an order of possession in the Circuit Court. The appellant had been physically removed from the property but appealed the earlier order. However the High Court adjudged that the eviction was appropriate and lawful.

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