Sacked garda ordered to vacate residents from 'fire-risk' properties

The High Court has further adjourned proceedings brought by Dublin City Council against a dismissed garda aimed at securing the vacation of properties believed by the Fire Service to represent a "clear and present danger" to their occupants.

Last month a High Court judge granted the Council a number of injunctions directing the landlord of the properties, Kevin Galvin, Furrypark Road, Killester to ensure all residents were vacated from 116 Cabra Park, 73 Cabra Park and from a unit to the rear of 41 Phibsboro Road.

Mr Galvin, a former member of An Garda Síochána who worked in information technology at Garda Headquarters, Phoenix Park, Dublin, was sacked from his job over his property dealings. His dismissal from the force was approved by Cabinet in recent weeks and has since come into effect.

Today, when the matter was back before the court, both Mr Galvin and the City Council consented to have the proceedings adjourned for two weeks on the basis of the injunctions remaining in place.

The Council has brought the case under Section 23 of the 1981 Fire Safety Act because of what it claims is the seriousness of the situation.

In its action the Council claims that an executive fire prevention officer had deemed the three premises represent a fire hazard and a risk to their occupants. Fire safety officials had concerns about emergency lighting, lack of fire extinguishers and properly working fire alarms, doors and windows of the properties owned by Mr Galvin.

James Connolly SC said that council officials discovered a shed beside the main house at 41 Phibsboro Road. The court heard that the shed had three adults and an 18-month-old child living in it, was heated by an oven and the yard outside was covered in clutter, which also presented a fire hazard.

Following an inspection of 116 Cabra Park, fire safety officials had concerns over the wiring, lack of emergency lighting and fire alarm, Mr Connolly said.

After one of the occupants asked the officials to inspect their apartment, the officials found an electricity distribution board in the apartment which, from blackened marks, they believed had caught fire. The fire brigade had not been contacted about that fire.

Counsel said the properties had been subject to fire safety notifications issued in April 2008.

Despite the fact matters had been before the District Court following inspections, officials believed the notifications had not been complied with, he said.

Mr Connolly added that the Council wanted the premises vacated and it was its view that Mr Galvin was obliged to provide accommodation for those affected by the orders.