Garda faces application for contempt at High Court over refusal to leave house

Garda Martin Reilly, based at Kells Garda Station in Co Meath, and his partner are occupying the house which was bought by businesswoman Sylvia Fox from a receiver appointed over properties in the unfinished housing estate that it was part of. File picture

The High Court is to be asked to consider an application against a couple, one of whom is a serving garda, for contempt of court after they allegedly defied an order to vacate a house they were living in.

Garda Martin Reilly, based at Kells Garda Station in Co Meath, and his partner Donna Heslin are occupying the house at Lock Eala, Loch Gowna, Co Cavan, which was bought by businesswoman Sylvia Fox from a receiver appointed over properties in the unfinished housing estate that it was part of.

The couple have claimed they had a lease agreement with the previous landlord that saw them pay the landlord €20,000 as a purchase-option and had been paying €100 a year in rent since 2016 as part of the agreement.

Ms Fox, from Bennettsbridge, Co Kilkenny, strongly disputed the claim and said she was the legal owner of the house. She obtained an injunction last February ordering the couple to vacate the property by Monday, April 7.

On Thursday, Ruaidhrí Giblin BL, for Ms Fox, said they had not done so and he was seeking permission to bring an "attachment and commital" application against the couple requiring them to come to court to answer why they had not obeyed the order to leave the property.

Failure to comply with such an order can possibly lead their arrest to be brought before the court and ultimately their possible jailing if they continue to refuse to comply.

Counsel, who made the application on a one-side (ex parte) only represented basis, said the couple were served with the notice on Tuesday.

The server, Sean Cahill of Blackwater Bailiff and Asset Management Services, said in an affidavit that when he called to the house, Ms Heslin told him they were not vacating as they intended to appeal last February's High Court order.

He also said he called to Kells Garda Station where Garda Reilly is attached but was told he was not on duty. He later returned to the house and served it on him, Mr Cahill said.

Mr Justice Brian Cregan granted counsel permission to bring the application and adjourned it to after the Easter vacation.