Kerry's County Courthouse, once considered an edifice of great elegance is now threatened by rot.

Designed by William Vitruvius Morrison and completed in 1834, the courthouse in Tralee was built to the memory of the men of Kerry who died between 1845 and 1860 fighting wars for England against Russia, India and China.

The building is now at the centre of a controversy between the county council, the judiciary, the Law Society and the Department of Justice.

Actors Biddy McGrath, Michael Twomey and Jim Queally dramatise the story of the Kerry County Courthouse. The story begins with the discovery of dry rot in a door in the building. At the time, it would have cost just a few hundred pounds to remove and replace the door. However, nothing was done and the rot has spread throughout the entire building. It would now cost about £200,000 to put it right.

In May 1961, the Kerry County Manager said that consideration would have to be given to building a completely new courthouse. A proposal was set forth that the Minister for Justice would take control of all the courthouses in the country thereby assuming responsibility for the upkeep of the buildings. However, this did not come about.

In January 1963, the Minister for Justice informed the County Council that a permanent, functioning courthouse was needed in Tralee. The minister did not specify whether this provision should be met through the refurbishment of the existing courthouse or the construction of an entirely new one.

The minister regrets that there is no possibility of financial assistance in any form for this purpose.

Three months later the Kerry County Manager told a council meeting that the courtroom could operate from the council chamber. However, the judiciary found this unsatisfactory due to a lack of accommodation for them. Justice Darragh O'Briain, President of the Circuit Court, lost patience describing the council chamber as a dirty mess. Aggrieved by this statement, the council asked the County Medical Officer for Health for a report on the chamber.

What is good enough for the members of the council, for the chairman, the county manager, the secretary and the other officials is good enough for any judge in this country.

In response, the county council set out to the Minister for Justice that repairs to the old courthouse would now cost around £25,000. This was considered to be too much given that there was no guarantee that the dry rot would not reappear. The alternative was to build a new courthouse which would cost around £150,000. The minister told the council to get on with the job of providing two courtrooms either in the old courthouse or in a new one. The cost for either would be carried by the Kerry ratepayers.

The council needed a guarantee that the dry rot would not reappear if repairs were carried out. In April 1965, the council came up with a new idea to adapt the Ashe Memorial Theatre, which was part of the County Hall, to be used as a courthouse. However, the theatre had been leased out and now the county council had to try to lease it back to themselves if it was to be used as a courtroom. By October 1965, nothing had been done to address the issue and Justice Darragh O'Briain demanded action.

A member of the council explained why there had been such a delay in resolving the issue. He said that negotiations about Ashe Memorial Theatre have been ongoing. Member of the local Chamber of Commerce, Mr O'Meara, asked Dublin expert Dr Patrick O'Connor to examine the old courthouse. Dr O'Connor's report appeared to be quite reassuring saying,

The building is imminently suitable for preservation.

This issue was now being raised at a national level. Martin Corry TD, asked the Minister for Justice if he intended to take over responsibility for courthouses required by the Department of Justice. Minister Mícheál Ó Móráin said that the government had decided to establish an inter-departmental committee to establish if a prototype building could be devised to serve as a courthouse and for other purposes. The minister also stated that the maintenance of the courthouse remains the responsibility of the local authority.

Kerry County Council is now under pressure to preserve the old courthouse as a museum at a cost of around £200,000.

This episode of 'Newsbeat' was broadcast on 2 April 1969. The reporter is Michael Ryan.