Housing charity asks Judge to have people seeking international protection arrested

A judge has declined to grant orders directing Gardai to arrest and bring “unknown persons” before the High Court over their alleged failure to vacate and cease interfering with a Dublin property owned by a charitable housing association.

Mr Justice Rory Mulcahy had previously granted an injunction preventing the defendants, believed to be persons seeking international protection from trespassing on and occupying a Dublin city property belonging to The Cabhru Housing Association.

The property is located at James McSweeney House, Berkeley Street, Dublin 7

On Wednesday, after being told the injunction was not being complied with, Mr Justice Mulcahy said that he was not granting Cabhru orders to attach and potentially commit those in contempt of the orders previously granted.

This he said was due to a lack of evidence before the court about the identities of the persons on the property. He was not satisfied that all of those alleged to be in occupation have been made aware of the orders to vacate the premises previously made by the court.

Additional efforts must be made to ascertain the identities of those on the property, and that those persons be properly served with the proceedings before the orders sought could be granted,  the judge said.

The judge accepted that the order he granted last month must be complied with, and said Cabhru, which provides housing for older persons, can renew their application to attach and potentially commit to prison those allegedly in breach of the injunction at a later date.

The judge said he fully accepted that Cabhru, which wants to redevelop the property into units for older persons, had brought the proceedings as a last resort.

The matter will return before the court next week.

Seeking the orders, barrister Andrew Whelan Bl for Cabhru said that his client has been unable to gain access to the premises since May 12th last, after persons unknown barricaded themselves into the building.

Counsel said that when the orders were first sought it was believed that up to 53 people were in the building. Counsel said that since the injunction was granted, that number has been reduced but added that 23 people are understood to remain on the premises, in contempt of the injunction. 

Counsel said that while his client cannot gain entry, many other persons have been seen "coming and going" from the property.

Counsel said that efforts have been made to serve all of the persons with notice of the High Court proceedings, and the injunction granted by the court.

Those documents have been provided in languages including Arabic, French, Spanish and Farsi, counsel added.

However, the building remains occupied counsel, leaving his client with no option other than to come to court and seek orders for the attachment and committal of those persons allegedly in contempt.

"My client is not a vulture fund, nor a property speculator, it is a charity that wishes to convert the building into housing for the elderly," counsel said.

Counsel said while Cabhru has every sympathy for homeless persons, particularly those who are seeking international protection, it was not his client's role to provide them with accommodation.

The CEO of Streetlink Homeless Support, Mr Padraig Drummond who is not a party to the action but is aware of the situation said that State representatives have been given access to the property to help those seeking accommodation.

However, he did not know if Cabhru's representatives would be given access to the building.

Mr Drummond, who was described by Mr Justice Mulcahy as being of assistance to the court in the matter, added that overall, there has been a lack of communication with the state representatives and the occupants who are seeking international protection.    

In its action, Cabhru claims the property is owned by the association and it has been vacant since April 2021.

It was intended to demolish the building this year and start construction next year. 
Planning permission has been granted for a 35-unit complex, and the charity intends to demolish the existing building and start construction work next year.

The occupant's actions have delayed the project, it is claimed.

Cabhru had made the property secure, disconnected water, gas and electricity with the only connection being to an alarm system.  It was also boarded up and a security company was engaged to call to the property three times a week.

It claims that on May 12 last, the alarm was triggered after persons, who have no right to be there, broke in. 

It claims that  following the occupation the electrical supply has been tampered with, and a fire alarm system has been interfered with.  

This has resulted in Cabhru seeking injunctions to have the property vacated and bring an end to the alleged interference with its representatives from gaining access.