The High Court has given two brothers allegedly living in a caravan on an electricity substation site a week to leave.
The ESB sought the orders initially against Paul Oglesby who the ESB alleged is living in the caravan at the substation site in Gloucester Place Upper in Dublin’s north inner city.
The ESB said it is not a safe place for anyone to be living in and was granted permission to serve notice of injunction proceedings on Mr Oglesby.
When the case returned to court last week, a man who said he was Paul Oglesby’s brother, Glen, said it was he who was living there, not Paul. He claimed that if he has to leave, he will end up living in homeless shelters and could end up taking drugs again.
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The ESB was given an opportunity to apply to amend the proceedings to include both brothers as defendants.
On Wednesday, Mr Justice Mark Sanfey approved the amendment of the proceedings to make both brothers defendants and also anyone else with notice of the court’s orders.
There was no appearance in court for either brother.
John Punch SC, for the ESB, said he was seeking orders that they be restrained from entering the site other than by arrangement with the ESB to remove their property, including the caravan.
Counsel said that as of Wednesday morning a type of collapsible bollard had been placed at the entrance to the site which he said seemed to be a statement of intent that “we are digging in and not intending to comply with the order”.
There was also a concern that the defendants were engaging in a “soft shoe shuffle” with one saying “it is not me, it’s my brother”.
Counsel also said the caravan has no wheels and there will be an issue about removing it. There is also a large dog there and while it does not seem aggressive, it is also a concern.
The judge said he was satisfied a strong case had been made to grant the orders sought and that they be given a week to comply and vacate the site.
He also approved service of the orders on the defendants by posting a notice on the gate and leaving the court documents inside the gate.
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