Court grants order restraining ‘persons unknown’ from attending Coolock site to engage in threatening behaviour

The court heard there are plans to build more than 500 units to accommodate mainly Ukrainian families

Concrete barriers erected at the scene of the site of the old Crown Paint factory, which has been earmarked for asylum seeker accommodation. Photograph: Colin Keegan, Collins Dublin
Concrete barriers erected at the scene of the site of the old Crown Paint factory, which has been earmarked for asylum seeker accommodation. Photograph: Colin Keegan, Collins Dublin

The High Court has granted an injunction to the leaseholder and developer of the former Crown Paints warehouse in Coolock, Dublin, restraining “persons unknown” from attending the site to engage in violent or threatening behaviour.

It has been the scene of violence and considerable unrest over plans to house international protection applicants in the former warehouse.

Mr Justice Rory Mulcahy also made orders forbidding unidentified people from trespassing upon or impeding access to the old Crown Paints warehouse lands in Coolock.

His orders, which are in place until the case returns to court next Wednesday, also prohibit threatening or intimidating behaviour directed at employees or contractors of site leasholder Townbe Unlimited Company and developer Remcoll Capital Ltd.

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They apply to “persons unknown, attending at or in the vicinity of the Crown Paint factory [...] for the purpose of engaging in violent, threatening or intimidating protests against the accommodation of foreign nationals at the site”.

He was satisfied the injunctions, granted while only the plaintiff firms were represented, were justified by a “real and immediate risk”.

Nineteen people were arrested on Monday amid unrest from protestors opposed to asylum seekers being accommodated at a makeshift camp outside the facility. Fifteen people have been charged with a range of public order offences.

A number of gardaí were injured and there were arson attacks on a Garda car and a digger. Fireworks were aimed at lines of Public Order Unit gardaí, while glass bottles and rocks were also thrown.

On Thursday, the High Court heard a security guard was hospitalised for two days after being hit on the head with a steel bar.

Bernard Dunleavy SC, for leaseholder Townbe and developer Remcoll, said workers were trapped inside the property for a period late on Monday evening and an ambulance had to “negotiate” to get inside.

Since March there has been a peaceful, “low level encampment” at the facility, which his clients intend to develop into 500 modular units primarily for Ukrainians who have fled the war in their home country and do not have suitable accommodation in Ireland.

The situation went from “nought to 60 in the blink of an eye” in terms of violence last Monday when works were due to begin, he said.

Mr Dunleavy, instructed by Clark Hill solicitors, said there is a “real concern this danger has not fizzled out” and an apprehension that the situation will escalate again when workers return to recommence works.

“Very disturbing” posts have appeared online threatening a representative of his clients and describing him as an “enemy of the Irish people of Coolock”, “absolute traitor” and “scum”, he said. A photo has been circulated with online users encouraged to “make him famous”, while another post said to “take him out”, he said.

There are also “radical and extreme” posts linking proposals for the former paint factory with a “Zionist plan”, counsel said.

People charged with public order offences on Monday are prevented by their bail conditions from returning to the property, the court heard.

The plaintiff firms also asked the court to grant orders restraining anyone who has been at the facility to be violent or threatening from attending within 100 metres of the plant.

Mr Dunleavy said this was aimed at pushing the protestors out of harm’s way to the far side of the busy Malahide Road dual carriageway. Given rocks and other missiles have been thrown, this “cordon sanitaire” would create enough distance to prevent items being hurled into the property, he said.

Mr Justice Mulcahy refused the request, saying he was concerned it would be inappropriate as it would interfere with the use of public paths and roadways and peaceful protest rights. Incidents in the public area are a matter for gardaí, he said.

He understood the plaintiffs’ argument about the “practical” benefits of such an order, but he also had to contend with its “constitutional effect”.

Ellen O'Riordan

Ellen O'Riordan

Ellen O'Riordan is High Court Reporter with The Irish Times