Ex-Garda jailed for contempt of court

A landlord and ex-Garda has been committed to Mountjoy prison for six weeks for what the President of the High Court described as the "flagrant breach" of undertakings he had previously given to the court in relation to one of his properties, which Dublin City Council has deemed a fire risk.

Today the President of the High Court Mr Justice Nicholas Kearns committed Kevin Galvin to prison, where he will most likely spend Christmas on foot of an application by Dublin City Council, after being informed that an undertaking given by Mr Galvin last Friday to vacate a building at 73 Cabra Park, Dublin of all its residents had not been complied with.

Dublin City Council brought the proceedings to have Mr Galvin, Furrypark Road, Killester committed to prison for what it claimed was his continued failure to comply with undertaking given to the court.

The court heard that on Tuesday Fire Safety officials found four people living in flats in 73 Cabra Park which they consider is a fire hazard and not fit for human habitation due to the dangers it presents to people living there.

Today the court heard that an inspection of that property carried out on Tuesday revealed that four people, three adults and a child remained in the building, despite the fact the court was told last Friday it had been vacated.

In an affidavit, Peter Audley, a Fire Safety Officer with Dublin Fire Brigade, said that on Tuesday he was informed by tenant rights group Threshold that last Thursday (the day before the undertaking was given to the High Court), residents were given 24 hours notice to leave 73 Cabra Park by Mr Galvin.

Mr Audley said that Threshold informed him they were informed that as of Dec 14 (last Tuesday) people were still residing there.

Mr Audley said that following an inspection of the building they ascertained that four people remained living there which was a breach of undertakings previously given by Mr Galvin.

Lawyers acting for Mr Galvin told the court that the he genuinely believed that the undertakings had been complied with.

He informed the tenants at 73 Cabra Park that they had to leave the premises, but that they had refused to leave. The court was asked to give Mr Galvin a chance to fully comply with the undertakings.

The court also heard from lawyers from the four tenants that they were not refusing to leave and that they were attempting to source alternative accommodation.

Mr Justice Kearns said that Mr Galvin had committed contempt. He said that he was committing Kevin Galvin to prison for a period of six weeks for his "flagrant breach" of undertakings he had previously given to the court.

The Judge said that as an ex-Garda Mr Galvin should clearly have "understood the gravity of undertakings given to a court".

When Mr Galvin told the court last week that the premises had been vacated of its residents, the Judge added, "was an outright lie".

The Judge added that he would not entertain an application on Mr Galvin's behalf to purge his contempt until the new legal term commences in mid-January.