Landlord of Cork 'Covid party houses' contests court order

Fachtna O’Reilly, of Model Farm Rd, Cork, facing fines of €1,000 and/or up-to 12 months in jail for breaches of the order

The orders were granted by Judge Olann Kelleher last July arising out of two private prosecutions taken by two long-term residents who live close to the two rented properties and who are alleging noise pollution. Pictured are some of the Magazine Road residents. File picture: Michael Mac Sweeney/Cork Courts

A landlord ordered by the court to take measures to reduce noise levels at two of his rented properties near University College Cork, described in court as Covid party houses, has mounted a High Court challenge against the orders.

Fachtna O’Reilly, of Model Farm Rd, Cork, is facing fines of €1,000 and/or up-to 12 months in jail for breaches of the order.

Mr O'Reilly, who is in his early 80s, was granted relief by the High Court just before Christmas to challenge the legality, by way of a judicial review, of the orders which were obtained in Cork District Court last summer.

The two residents who brought the private prosecutions against Mr O’Reilly under environmental legislation last July, have contested the matter.

The hearing was adjourned earlier this month for hearing next week. It is understood that legal correspondence between the parties is ongoing.

The orders were granted by Judge Olann Kelleher last July arising out of two private prosecutions taken by two long-term residents who live close to the two rented properties and who are alleging noise pollution.

The houses were described in court as "Covid party houses" and "party central".

Sadie O’Mahony and Mairéad O’Callaghan brought proceedings under Section 108 of the Environment Protection Agency Act 1992, alleging that Mr O’Reilly was “the person responsible for the following noise, namely loud music, persistent shouting, and rowdy and aggressive behaviour during the day, into the night and the early hours of the morning” at two properties near University College Cork. 

They were supported in their action by fellow members of the Magazine Road and Surrounding Areas Residents Association, which led a high-profile campaign last year over the holding of a series of what they called "J1-style or Magaluf-type" Covid-19 lockdown house parties which were occurring in a number of rented properties in their area during the height of the first lockdown.

Judge Kelleher found in favour of the two women and gave Mr O’Reilly, a retired lecturer at Cork Institute of Technology, a week to take measures to reduce noise levels at the properties.

“It’s up to you to make all the running on this,” the judge said at the time.

When the issue returned to court a week later, the judge was told that Mr O’Reilly had spoken to the tenants in the ‘party’ houses and had given them a warning letter.

The court was told that he had installed a system for logging noise levels at the houses, that he had installed CCTV outside both properties and that he paid the costs the local residents had incurred in bringing their complaint to court.

Mr O'Reilly's solicitor, Eamonn Murray, asked the judge not to impose an order on Mr O’Reilly and to adjourn the case with no order to see how things would go in light of steps taken in the past week.

The significance of the order is that any breaches of it would be punishable by a fine of up to €1,000 and/or a 12-month jail term.

However, Judge Kelleher did impose the order on him formally.

He said he was conscious of the fact that Mr O’Reilly was 80 at the time and recently widowed and accepted he had done the right thing in the past week but wondered why it had taken until now.