Courts

Dublin building owners claim they were attacked with bricks by trespassers illegally occupying site

Court hears property has been used by a group of people as a place to live, while another section was used for various social events

The judge said that the entire property must be vacated and the trespass must cease.

Aodhan O’Faolain
Wed Dec 20 2023 - 19:27

The owners of adjoining buildings on Dublin’s north side that have been illegally occupied by alleged trespassers for several months claim their agents were attacked with “bricks and rocks” when they attempted to secure part of the property.

Earlier this week Mr Justice Rory Mulchay granted orders in favour Garvagh Homes Limited directing all alleged trespassers to vacate the property.

The judge granted the injunction after being satisfied that it owns properties including a former carpet showroom, some flats over disused commercial units and a garage at 364-374 North Circular Road, and 168-89 Phibsborough Road Dublin 7.

The court heard that the property has been used by a group of people as a place to live, while another section was used for various social events, and had been described as a community centre.

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The judge said that the entire property must be vacated and the trespass must cease.

In respect of the people staying in the residential part of the site the judge placed a stay on the order from coming into effect until January 8th.

The court ruled that orders regarding the part of the site which is designated commercial were to come into place with immediate effect.

However on Wednesday evening Martin Hayden SC for Garvagh returned to the High Court and asked the judge to vary the orders, and lift the stay in relation to the residential part of property.

That variation would require all the alleged trespassers to immediately vacate the entire site.

Counsel said the variation was being sought because on Tuesday his clients’ agents were attacked by people throwing items including bricks, rocks, delft and other implements from the residential part of the site.

The workers were attempting to secure the part of the site, which was deemed commercial counsel said and were not going to do anything in relation to the residential areas, counsel said.

The agents were then surrounded by a group of people, counsel said, adding that this “affray” amounted to a breach of the court’s orders. The Gardai were called.

Counsel said that it was accepted that some of the named defendants in the proceedings such Mr Shane O’Brien and Ms Jem Cleaver were not involved in the incident.

However others, whose identities are unknown, had been throwing objects at his client’s agents from the residential part of the property.

Mr O’Brien tried to intervene and help alleviate the situation, counsel said, and the court heard that he has since left the site.

Ms Cleaver told the court that she had nothing to do with what happened and is actively searching for alternative accommodation.

The judge granted Garvagh permission to seek to vary the order.

That application is to return before the court later this week.

Garvagh’s action is against several named parties and several more unknown people.

It wants orders requiring those people to cease trespassing and hand over vacant possession of the properties.

It wants to redevelop the properties into apartments and commercial units but says that the alleged trespassers have been using the properties to hold events including, poetry reading, boxing, raves, gigs and as a community centre.

It claims that the trespassers have no legal right to be there, that alcohol has been sold on the premises, and that the site has considerable health and fire safety issues.

There are serious fire safety issues in relation to the site, it also submits.

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