65-year-old sent to jail over refusal to let ESB work on her property

A 65-YEAR-OLD woman is to be sent to prison for her refusal to comply with High Court orders allowing ESB and Eirgrid access to her land to complete the construction of a power line.

Yesterday at the High Court, Mr Justice Daniel Herbert ordered that Teresa Treacy of Woodfield House, Clonmore, Tullamore, Co Offaly, be jailed for contempt of court after saying she “would not obey” orders giving ESB/Eirgrid workers access to her land.

She said she would not let workers on the land for health and safety reasons and because she feared her property, which has many trees, would be destroyed. She wants the powerline put underground.

Mr Justice Herbert told Treacy, who was not legally represented, that he “admired her principles” but did not admire what she was doing.

He said she was a citizen setting herself against the Constitution and against the courts. If this was allowed, he said, “we may as well sink into anarchy”.

He said his “hand had been forced” and he had no choice other than to commit her to prison. He directed that, as soon as the order committing her to prison was issued and executed by the gardaí, Treacy should remain in custody until she had purged her contempt.

The ESB and Eirgrid brought an action against Treacy because she refused them access to her land by locking gates to her property and by standing in front of the locks when workers tried to cut them.

Michael Conlon BL, for ESB/Eirgrid, said Teresa Treacy was “emotionally attached to her forestry” but that ESB/Eirgrid had a job to do. It was, counsel said, “with great reluctance” that his clients brought a motion committing Treacy to prison.

Counsel said ESB/Eirgrid had offered to compensate Treacy, and had offered to plant trees to replace any damaged by their work.

When the matter was before the court in August, Treacy was warned by Ms Justice Laffoy of the consequences of continuing to breach the orders. Ms Justice Laffoy expressed her hope that “common sense would prevail”.

On that occasion, Ms Treacy said she has “no intention” of granting access. She also told the court that would “gladly go to jail”, and did not want compensation.

She had previously told the court that the 100-acre property on which she and her sister Mary live is surrounding by hedgegrow, has sycamore, oak, ash, pine and birch trees, and is a place of natural beauty.