'Pothole Terror' retires
The Pothole Terror who was the bane of Cavan Co. Council for many years in the Cootehill area has finally decided to hang up his brushes.
He gave the commitment at Cootehill District Court, where he appeared on two summonses.
Martin Hannigan, Marsyl Lodge, Bough, Cootehill, was summoned that on August 18, 2008, at old Cavan Road, Cootehill, he damaged a public road belonging to Cavan County Council.
He was also summoned that he erected road signs without lawful authority as to cause or was likely to cause traffic to be obstructed.
He was given the benefit of the Probation Act on both summonses when he gave an undertaking to presiding Judge Sean MacBride that he would desist from such activity in the future.
For years Mr. Hannigan fought a lone battle against the council to have the county roads maintained to a required standard. However, following his appearance in court last week that seems to have come to an end.
Garda James Morrisroe said as a result of a report he received at 7.30pm on August 18 he went up towards Old Cavan Road. As he did so he observed a man painting on the road. There were potholes and unevenness on the road and the man was highlighting this with yellow paint.
Garda Morrisroe could see this from a distance and he knew the man to be Mr. Hannigan.
Garda Morrisroe could also see that the defendant had a large timer sign erected, which came half way across the one-way system. Painted on the sign was Caution Pot Hole Painting Ahead. The defendant was also wearing a high visibility yellow jacket. As witness pulled in the patrol car the defendant began to put away his brushes and paint.
Mr. Hannigan was cautioned but he told Garda Morrisroe that he would continue to highlight the state of the roads in the Cavan area and he didn't mind being arrested for it.
Witness got the impression that Mr. Hannigan wanted to be arrested. At that stage Sergeant McCormack arrived. Mr. Hannigan's son and daughter were in his car and they got out to help him put the brushes and paint away.
They thought he was going to be arrested. The defendant was advised to desist from what he was doing and not to be painting the road.
He was told he was putting other road users in danger by doing what he was doing.
Mr. Hannigan stated he would continue his campaign to highlight the state of the roads.
He then left the scene. The sign would have prevented large lorries from going by, though cars would have been able to get by.
Cross-examined by defending solicitor Mr. Alan Wilkie, witness said the sign being used was between Mr. Hannigan and where he was working. If a lorry came he would have had to move the sign for it to get by.
Patrick Gaynor, senior executive engineer in charge of roads in the Cootehill area, said the only people permitted to paint roads were executive engineers. No one was given permission to paint on this occasion. "The local authority is responsible for the upkeep and repair of the roads and no one else."
This incident occurred in August and in September/October the council carried out a major road repair in that area. It cost the council €800 to repair what Mr. Hannigan did. "When someone paints like that the council has to employ a contractor to remove it." Prior to the incident witness had approached Mr. Hannigan and asked him to desist because it was dangerous.
Mr. Wilkie said there was no evidence that Mr. Hannigan damaged the road. "The best there is, is that he applied paint to the road."
Mr. Hannigan was not summoned for carrying out maintenance to the road. "There is no evidence given that the alleged road was a public road."
There was no obstruction of vehicles or otherwise, added the witness.
Judge MacBride said he was not holding with Mr. Wilkie. There was no doubt that traffic would have been obstructed if it came up the road because of the road sign he had.
In evidence Mr. Hannigan said he had only painted two letters on the road and he didn't think it would cost €800 to remove them.
"The local authority is not doing it job maintaining the roads," he said.
He claimed to had gone to "hell and back" over the state of the roads and he added he was not doing it in a malicious way. "The engineer had failed to do his job," he claimed.
Addressing the defending, Judge MacBride said it was a matter for him to go to his county councillors and express his grievance with them. "You cannot take the law into your own hands."
The defendant was entitled to have his point of view but the way he went about it was another matter. Mr. Hannigan had strong views on the matter. If he had a genuine grievance he had to advocate it through peaceful means and use his head. He should contact his local authority representatives and tell them what roads he wants dealt with.
"We do not live in the perfect world and we have to make allowances."
Mr. Gaynor told the court that the county manager did not want to put any financial hardship on the Hannigan family and would not be seeking the €800 it cost to repair the road.
The judge said: "Cavan County Council is pro-active and one of the most progressive in the country."
Not so long ago four road candidates were elected to the council and one of the biggest road repair jobs in the county was undertaken.
If the defendant gave an undertaking that he would desist from what he was doing Judge MacBride would give him the Probation Act.
Having consulted with his wife, Mr. Hannigan gave the undertaking to desist.
