Athlone Town Council is to go to the High Court in an attempt to evict an anti-social tenant who put her neighbours' names on fake graves in her front garden at Hallowe'en and who claimed to a housing officer that she couldn't be touched “by the courts, the Gardai or the council”.
In court this week (July 15 ) was mother of two, Christina Quinn (30 ), of 27, Brawny Square, Athlone, who was contesting her notice to quit, originally issued last October by the local authority in response to a number of complaints from neighbours.
“In respect of the complaints given to you, did you advise them to go to the Gardai?” asked Judge John Neilan of local housing officer, Mr Danny O'Neill.
“I didn't, judge, because of the fear of intimidation in that estate,” said Mr O'Neill.
“She told me she couldn't be touched by the courts, the Gardai or the council.”
“We're caught between civil law and criminal law and the defendant has now taken on the mantle of an authority to which all other authorities should be subservient” said the judge.
At a civil hearing two weeks ago, Mr O'Neill alleged Quinn threatened to “burn the house down if the [eviction] order was granted”.
He told the court how he has to meet other tenants of the estates because of the worries of intimidation.
“This town is still part of the State. It appears to me it's a matter for the Gardai,” said the judge.
Barristers from both sides argued about the legality of the eviction order, with Mark William Murphy for the council demanding it be imposed in accordance with the present position of the Supreme Court.
However, Judge Neilan was reluctant to go down this path.
“We're part of the EU now whether we like it or not and we have obligations,' he said.
“The High Court has said Section 62 [eviction order under the Housing Act] is incompatible with the [EU] Declaration [on human rights].”
This declares it is contrary to the human rights of an EU citizen for a statutory authority to arbitrarily deprive said citizen of housing.
This is being appealed to the Supreme Court at the moment in the State -v- Gallagher and a number of similar orders around the country are awaiting this decision.
“It is as a consequence of such similar [anti-social] behaviour in other towns and cities in Ireland that has seen the most recent legislation enacted,” said the judge.
“This court cannot arbitrarily rule in respect of these matters. I know that within 12 hours of such, my statement would be [appealed] in the High Court. This court cannot act as a legislator.
“Whilst these accusations are made, the presumption of innocence must lie with her. You may think this is unfair.”
“These people are terrified,” said Mr O'Neill, concerning his other tenants on the estate.
“It's unusual a superintendent wouldn't allocate an officer for such an area,” said the judge.
“Nobody should have any fear in these towns. Everybody under the Constitution is entitled to a quiet, dignified life and if anybody disturbs that, you're entitled to protection from the law.”
After further argument between the barristers, Judge Neilan decided to adjourn a decision on the Quinn case until September 4 to await the Supreme Court decision on the Gallagher test case, after both sides said they would appeal to the High Court whatever decision he made.
Mr Murphy for the council told the court he would be seeking a consultative case statement from the High Court within the next few weeks.
