Members of an organisation calling itself the Revolutionary Housing League are currently unlawfully occupying a Dublin property owned by a charitable housing association, the High Court has heard.
The Cabhrú Housing Association, which provides housing for older persons, claims that a property it owns at James McSweeney House, Berkeley Street, Dublin 7, was taken over last month and has since been occupied by persons unknown.
It wants to repossess the property, which it wants to redevelop and convert into housing units.
Last week a High Court judge refused to grant orders directing gardaí to arrest and bring the unknown persons before the Court over their alleged failure to vacate the property.
Mr Justice Rory Mulcahy had previously granted an injunction requiring those occupying the building to leave the property.
After being told the injunction was not being complied with, the judge said that he was not granting Cabhrú orders to attach and potentially commit those in contempt of the orders previously granted to prison.
Lack of evidence
This he said was due to a lack of evidence before the court about the identities of the persons on the property.
He was not satisfied that all of those alleged to be in occupation have been made aware of the orders to vacate the premises previously made by the court.
Further efforts had to be made to ascertain the identities of those on the property, and that those persons be properly served with the proceedings before the orders sought could be granted, the judge added.
The judge accepted that court orders must be compiled with and said Cabhrú could renew their application to attach and potentially commit to prison those allegedly in breach of the injunction at a later date.
The judge said he fully accepted that Cabhrú, which wants to redevelop the property into units for older persons, had brought the proceedings as a last resort.
On Tuesday barrister Andrew Whelan Bl for Cabhrú told Mr Justice Brian O'Moore that his client wishes to renew its application for orders seeking the attachment and committal of those unlawfully occupying the building.
Counsel said that earlier in the proceedings it had stated that many of those occupying the building were non-national persons seeking international protection in Ireland, who had not been provided with any accommodation.
Counsel said that following further investigations by his client Cabhrú now believes that the building is currently being occupied by members of a group calling itself the Revolutionary Housing League (RHL).
Counsel said that efforts to identify these individuals had proven difficult as those in occupation were "covering their faces."
Mr Justice O'Moore granted Cabhrú permission to renew its application and adjourned the matter to a date later this month.
In its action the charity claims it has been unable to gain access to the premises since May 12th, after persons unknown barricaded themselves into the building, which had been vacant since April 2021.
Demolition plans
Planning permission has been granted for a 35-unit complex, and the charity intends to demolish the existing building and start construction work next year.
Cabhrú also claimed that it had made the property secure, disconnected water, gas and electricity with the only connection being to an alarm system. It was also boarded up and a security company engaged to call to the property three times a week.
It claims that that following the occupation the electrical supply has been tampered with, and a fire alarm system has been interfered with.
This has resulted in Cabhrú seeking injunctions to have the property vacated and bring an end to the alleged interference with its representatives from gaining access.
