A MAN who claimed he and his wheelchair-bound father suffered violent attacks by anti-social elements in their neighbourhood has “conditionally settled” his High Court action seeking damages and to be rehoused.
John Paul Hyland (29), also known as John Paul Barbour, claimed he was so terrified by the attacks he had to leave the rented council home where he lived with his father at Hazelcroft Road, Finglas, Dublin earlier this year and rent accommodation in Meath.
The case, which opened on Tuesday, was due to resume yesterday when Mr Justice Michael Hanna was told by Mark de Blacam, for Mr Hyland, the matter had been “conditionally settled”.
However, counsel added, despite this, his client was not happy and wanted to address the court. Mr Hyland told the judge he had agreed to look at 10 properties offered by Dublin City Council as alternative accommodation but also did not wish to totally back out of the case as he had incurred expenses. The judge told Mr Hyland his lawyers had entered into a binding agreement to settle but the court would adjourn the matter to January.
Mr Hyland, who is his father’s full-time carer, had claimed that since he took over tenancy of the house from his late mother in 2006 he had been subjected to verbal and physical assaults from people who congregated outside his home. He claimed the groups drank and took drugs, shouted abuse, hurled missiles and threatened him when he passed. A neighbouring family, whom he alleged were members of a gang, often led the attacks and complaints to the Garda only aggravated them, he said.
His father, Anthony Barbour, wheelchair-bound and on a round-the-clock oxygen supply, was also a victim of this particular family, the court was told. In one incident, a rock was thrown through a bedroom window, spraying the father’s bed with shards of glass.
In his action against the council, Mr Hyland sought, along with rehousing, damages for alleged negligence, breach of duty and breach of constitutional rights. He also claimed the house was unfit for human habitation. The council denied his claims.
Mr Hyland, the court heard, had made complaints to the council, who told him he was on the transfer list but that it would be some time before he could be rehoused.