A bitter dispute over a Co Laois property allegedly being used to accommodate international protection applicants has come before the High Court.
The occupier of the Portarlington premises, Nera Investments Limited, issued its case alleging people living there were “physically and verbally assaulted” when the owners’ agents “entered by force” last month.
It claims the owners have failed to follow through on a contract for sale of the building.
On the other side, the property’s owners, Anne and Francis Lawlor, claim Nera Investments has failed to pay rent since August 2023 and is operating an “illegal” international protection accommodation services (IPAS) centre without their consent or required permission from the Department of Integration-run IPAS.
Claims of wrongdoing are roundly denied by all, while the facts alleged are also in dispute.
Nera’s case asks the court to grant an injunction preventing the Lawlors or their agents from attending at the property or interfering with the “occupants”.
Nera, which has its office at Cross Street, Carrickmacross, Co Monaghan, was permitted to occupy the property at The Glen, Kilmacourt Wood as a tenant in November 2022. It says the parties entered into an agreement in July 2023 for it to purchase the premises from the Lawlors at a price of €215,000.
A director of the firm, Noel Martin, claims in an affidavit that the sale was not completed by the August 18th, 2023, closing date. Nearly a year later, on August 7th, 2024, the company issued a notice demanding sale completion within 28 days but the Lawlors did not comply, he said.
Mr Martin said the Lawlors’ agents had attempted to change the property’s locks last June and last October 11th “entered by force”. He alleges the occupants were “physically and verbally assaulted” during this “dangerous and disturbing” incident, which is being investigated by gardaí.
In a responding affidavit, Ms Lawlor said she was “astounded” Nera issued this case and it would be a “gross injustice” if the court grants it an injunction. In fact it is she and her co-defendant who require “urgent” court intervention over the “dangerous situation” at the property, she said.
Ms Lawlor alleges brothers Noel Martin Jnr and Darren Martin are the beneficial owners of shares in the Nera group, which she said had a contract with the State to accommodate up to 100 asylum seekers at the East End Hotel in Portarlington.
Their father, Noel Martin Snr, “de facto controls” the group, despite not having an official position in the Nera companies, she claims.
Ms Lawlor said Nera did not distinguish whether the affidavit was sworn by Noel Martin Jnr or Noel Martin Snr. However, it was clarified in a further filing that Noel Martin Jnr swore the document.
She said Mr Martin Snr is the subject of a bankruptcy petition by the National Asset Management Agency (NAMA) and was last June held to be in contempt of a court order for him not to communicate with a couple who are suing him and Darren Martin over the ownership of a garage the couple use to store an alligator and other exotic pets.
She alleges the Martins have been “claiming payments from the State for more [international protection applicants] than they could accommodate at the hotel” so they needed extra spaces, including at her property, to cater to the numbers they were contracted to house.
She said she is aware of “several” properties in Portarlington, including her own, that have been fitted out with bunk beds to accommodate asylum seekers.
Nera Investments has “turned our property into an illegal IPAS centre” where up to 16 asylum seekers are being accommodated “without our permission” and without approval from the IPAS, contrary to planning legislation, she said.
Last October 30th, she said, Laois County Council took planning enforcement action over the “unauthorised intensive use” of her property.
She alleges she was warned she was liable to a fine of up to €12.7 million or two years in prison, despite not having control over the property.
She said Nera has been asked to vacate and is trespassing, having not paid any rent since August 2023. She has now fallen into mortgage arrears.
She said the deposit cheque for sale of the property was returned and the transaction not completed because Nera failed to agree on a closing date. Noel Martin’s affidavit distorts the true version of events, while his account of events at the property last June and October are “false and will be disputed at the trial”, she said.
The case came before Mr Justice Oisín Quinn on Monday. The Lawlors’ barrister, Ruaidhrí Giblin, asked for a two-week adjournment to respond to further claims made by Nera.
The judge adjourned the case for three weeks.
