Two couples facing jail over failure to vacate illegal halting site in Tipperary

Two couples face the prospect of being jailed if they fail to vacate an unofficial halting in Co Tipperary by next week.

Ms Justice Leonie Reynolds had in early July made orders in favour of Tipperary County Council against several persons whose presence at Cabragh Bridge, Cabragh, Thurles, it is alleged constitutes a public nuisance.

The court heard that some of the persons at the site had moved on in compliance with the orders, but that two couples remained in contempt of the court's orders.

Arising out of their failure to move the Council represented by Karina Kinsella Bl has brought a motion seeking the attachment and committal to prison of William and Elizabeth McCarthy and John and Winnie McCarthy.

When the matter returned before the High Court today the Judge said she was prepared to adjourn the case to next week to give the defendant's a final chance to comply with the orders.

The McCarthy's have until 5 pm next Thursday, August 8th to vacate the site, or face the prospect of being jailed for contempt. In the alternative, the Judge said the McCarthy's could seek to obtain legal advice on the matter.

While the defendants had been served with the orders the judge said she was not fully satisfied that the implications of non-compliance had been properly explained to the McCarthys.

The Judge noted two of the defendants Winnie and Elizabeth McCarthy had made themselves known to the court at the call-over, but had left by the time the case was called on.

The injunctions require the defendants to remove their mobile homes, vehicles and caravans from Cabragh Bridge, and not cause any obstruction to the roadway.

The couples are also required to vacate and cease residing on or anywhere in the vicinity of Cabragh Bridge, which it says is an inappropriate and unsuitable place to reside.

The court had also heard they have been offered alternative accommodation by the local authority at another halting site which was relatively close to the Cabragh Bridge.

While that was rejected by the couples the Council's offer of alternative accommodation "remained open."

Tipperary Council has made provision for Travellers who had resided on the bridge to be accommodated in a six-unit group housing scheme, which is now ready for occupation.

However, the couples in this action, who it claims moved to the site on various dates between 2015 and September 2018, are not being accommodated in the new scheme.

The council has offered them help in securing alternative accommodation, but says it needs the site at Cabragh Bridge cleared.

The council added it asked the couples to leave the site, but they did not do so.

The council said in light of the refusal it had no alternative other than to bring legal proceedings against the defendants.