A woman facing eviction from her council house for alleged anti-social behaviour had a stay of execution of two weeks given to her in the District Court this week (April 24 ).
Before the court was mother of two, Christina Quinn (30 ), of 27, Brawny Square, Athlone, who had initially been handed her notice to quit last October for what is believed to be an ongoing history of anti-social behaviour.
At that time, Quinn had put up a Hallowe’en display in her front garden which was deemed “inappropriate” by council officials when she erected three fake graves including plastic skeletons "rising" from the grave, gruesome dolls and dismembered hands.
Though she claimed at the time that such a display was “harmless”, the council believed it to be “far more sinister than she alleged” as “certain implications could be read into the names on the tombstones”.
After this, the council served a notice to quit and demand for possession of the property and this conflict re-appeared in the District Court again at a special sitting last Friday to hear arguments between barristers from both sides.
Ms Olwyn Bennett argued for Quinn that her case should be put back until two decisions were made on similar cases waiting to be heard in the High Court under EU human rights legislation and its potential breach in application over anti-social behaviour.
However, Mr Mark Murphy for Athlone Town Council, told Judge Elizabeth McGrath that a previous High Court decision “is law now as we speak” and that to “adjourn these proceedings would be to place in suspension the rights of others waiting to be housed”.
Ms Bennett told the court how her client was “under extreme stress”, but conceded that no date had yet been fixed at the higher court for the hearings to which she had earlier alluded.
Solicitor for the town council, Mr Paul Connellan, handed in a number of witness statements on the case to the judge.
“This matter is quite complex and I don't want to take it from another judge's hands,” said Judge McGrath after some deliberation.
With that, she put the case back for mention to the next special sitting of the District Court on May 15.
In a house possession case like this, a council is not obliged to give evidence of the anti-social behaviour but must prove it has served a notice to quit.
