The High Court has ordered the arrest of a man for his on-going refusal to obey a court order to vacate and remove his caravan from an electricity substation in Dublin city centre.
Mr Justice Mark Sanfey made the order in respect of Glen Oglesby, who the ESB claims has been at the substation site in Gloucester Place Upper in Dublin's north inner city for several weeks.
Mr Oglesby has no right to be on the property, the ESB says, and has refused to comply with orders it obtained earlier this month requiring him to leave the site which it alleges is not safe for human habitation.
He disputes those claims, and says that he has nowhere else to go.
Mr Oglesby also told a judge, when the matter was previously before the courts, that he would leave the site and make arrangements with the plaintiff to remove his possessions, but has failed to do either.
As a result of Mr Oglesby's ongoing refusal the ESB, represented by John Punch SC, said that with "great reluctance" it was seeking orders to have Mr Oglesby arrested and brought before the court to answer his contempt.
Despite making a promise to the court to leave counsel said that the defendant had put a lock on the gate of the site, which is close to the defendant's family home, that prevents the ESB from accessing the site.
The ESB had further concerns about the use of a ladder by Mr Oglesby which may allow other persons onto the property.
Counsel said that it is hoped that arrangements still can be made with Mr Oglesby, who was not present in court when the case was before the judge on Wednesday, to avoid the ESB having to seek his arrest and possible committal to prison.
Mr Justice Sanfey noted the difficult positions the parties found themselves in, but said that court orders must be complied with.
The judge said that he was satisfied that Mr Oglesby is in contempt of court and granted the order directing the Gardai to arrest the defendant and bring him before the court.
In granting that order, the judge said he hoped every effort is made to bring the matter to satisfactory conclusion without the need to arrest the defendant.
Earlier this month the ESB brought proceedings over the illegal trespass on the substation.
It claims it has had to act in the public interest and to protect public safety as the site is not a safe place for anyone to be living.
It secured an order requiring persons alleged to be on the property to vacate the site.
When the matter was previously before the courts Glen Oglesby accepted that he was residing on the property with his dog. He said the caravan was well away from the transformers and the dangerous parts of the substation.
He added that houses, and sheds adjoining the ESB property were in fact closer to the dangerous parts of the substation than his caravan.
The ESB has also brought proceedings against Mr Paul Oglesby, Glen's brother, over the trespass. However, Glen told the court that Paul does not reside on the site.
No order seeking Mr Paul Oglesby's attachment was sought by the plaintiff.
