Four men released from custody after agreeing not to trespass on repossessed Dublin properties
Four men have been arrested and brought before the High Court today by gardaí for being in contempt of orders to vacate properties repossessed by a financial company.
All four were released after they gave sworn undertakings before Ms Justice Leonie Reynolds not to return to the property.
Arrangements were made for the return of their personal belongings.
The properties at 2, 3 and 4 Fairview Avenue, in Dublin 3 were acquired in 2002 by businessman Jerry Beades, and have been the subject of lengthy legal proceedings.
Earlier this year Everyday Finance DAC, which acquired loans taken out in respect of the properties, obtained orders seeking the attachment and committal to prison of any persons in breach of an earlier order preventing anyone from trespassing on or interfering with the properties.
Over 20 people had resided in the properties, which consist of several bedsits and flats. The court ruled in November 2019 that Everyday was entitled to vacant possession of the buildings by January 31 last.
Last March Everyday, represented by Stephen Byrne Bl, said persons had remained on and were in contempt of the court's order.
Matters were put "in limbo" until this morning, when gardaí arrested and brought four persons that were living in the properties before Ms Justice Reynolds.
The four included Mr Eamon Hunt, who had resided at the property for some time.
Mr Byrne told the court that Mr Hunt did not participate in the High Court proceedings last November where Everyday Finance had secured orders securing vacant possession of the property.
However, while Mr Hunt had lodged an appeal the Court of Appeal had refused to grant a stay on the High Court's order to vacate the properties.
Ms Justice Reynolds told Mr Hunt he was "well aware" that the property had to be vacated by the end of January and that he was now in contempt of court.
After the seriousness of the situation, including the possibility of a period of incarceration, was outlined by the judge, Mr Hunt said he was prepared to immediately vacate the property.
Mr Hunt told Ms Justice Leonie Reynolds that not only would he not return to the property but that he would "never set foot in the Northside again, and would move to Dublin's Southside".
Dean Gilroy from Donaghmede was also arrested after he was found living in one of the flats. He said he had been residing at the property since February which he said was arranged through his uncle, political activist Mr Ben Gilroy.
He said he was aware of a problem with the property last February, but told the judge that "nothing had happened since".
When told by the Judge that "Covid-19 had happened" and that this was a very serious and "not a laughing matter", Mr Gilroy accepted that he should leave, and gave an undertaking not to return to the property.
The others were two Polish tradesmen, Aleksander Jerzy Wianowski and Michal Grochowicki who the court heard had been living there for since April.
Gardaí who detained the men said the Polish men were each paying €95 a week to a Ms Kavanagh for a bedsit that was in poor repair, dilapidated, and unsafe for human habitation.
They expressed their surprise over being arrested and said they had no idea that there were issues concerning the premises.
Both men also agreed to leave the premises. Concerns were expressed about where they could go.
Following a brief adjournment, the court was told that their employer had made arrangements for the men to move to and stay at a place in Co. Meath.
Proceedings in respect of the properties had been before the courts since 2012. The properties were acquired by Mr Beades in 2002, who it was claimed had borrowed €1.7m from PTSB in 2002.
Following an alleged default on repayments by the businessman a fund called Cheldon Property Finance acquired the loans in 2015.
An order for possession of the properties against Mr Beades was confirmed following a decision by the Supreme Court in 2016. The loans were subsequently acquired by Everyday Finance.
However, Everyday claimed it was unable to obtain possession of the properties and secured orders granting it vacant possession of the properties in November 2019.
Arising out of alleged ongoing interference with and trespass on the properties it also brought attachment and committal proceedings against Mr Hunt and any other persons found in occupation of the premises.
Separate contempt proceedings brought by Everyday against Mr Beades, who denies breaching court orders in respect of the property, which were adjourned following the outbreak of the Covid-19 pandemic, will return before the court at a later date.
