Two men and two women brought before the High Court by gardaí after they refused to quit a building in Dublin owned by a charitable housing association have been released.
The four - who gave their names to the court as Darragh Phelan, Kevin Doyle also known as Caoimhín O'Dúill, Aoife Smith and Aishling Hudson - refused to give undertakings not to re-enter the building owned by the Cabhrú charitable housing association at James McSweeney House, Berkeley Street.
However, Mr Justice Brian O'Moore said as the building had now been secured against illegal re-entry, the order requiring all persons in occupation to vacate was now at an end as a result of the gardaí having to intervene.
The judge warned however that the order was not spent and if it was violated again they may ultimately be sent to prison.
The four, who were brought to court accompanied by several gardaí, only spoke once when each was asked in turn by the judge if they undertook not to return to the building. They all replied "no".
Following the short hearing, they collected their belongings which had been brought in by the gardaí, and left the court.
At the beginning of the hearing, David Lennon BL, for Cabhrú, said they had been removed from the building by gardaí who were enforcing an order granted last week by the court requiring all people in occupation to vacate. The four had refused to leave.
As a result, they became subject to the court's "attachment and commital" order requiring all those refusing to leave to be brought before the court by gardaí to answer why they should not be jailed for contempt of court.
Mr Lennon said his client had had no desire to see the four incarcerated and was anxious to advance the plans it has had for some time to redevelop the property to provide housing for the elderly.
The judge said he agreed with counsel the order made last week was at an end because all the defendants, who were "unknown persons" but included the four who gave their names to the court, had vacated the premises.
The "immediate purpose" had been achieved by the intervention of the gardaí and the premises had now been secured, but he did not agree the order was spent.
He emphasised to the defendants they were fortunate there was a "limited attitude" taken by Cabhrú to the order but if anyone proceeds to re-enter then the order will have been violated and another order for attachment and commital can be sought, and they may be sent to jail.
It may be satisfying on the part of the individuals to show a level of independence from the courts, but if ultimately the order is violated they will be sent to prison or subject to a fine, he said.
The judge granted liberty to the charity to re-enter the case and agreed to a request from counsel to adjourn the question of the costs of bringing the case. He also thanked the gardaí.
