Mother allegedly intimidated out of rented home by masked men seeks damages payment over unlawful eviction
Residential Tenancies Board (RTB)
against her landlord over unlawful eviction.
In separate criminal proceedings at Waterford District Court on March 24th, the landlord, John Guiry (50), of Ballygarron, Kilmeaden, Co Waterford, received a four-month sentence on a charge of intimidation of the woman at Larchville, Waterford. The charge related to an incident on May 2nd, 2024, in which she was compelled to do an act that she had a legal right not to do, contrary to section 9 of the Non-Fatal Offences Against the Person Act.
Mr Guiry's son, John Frampton (28), also of Ballygarron, Kilmeaden, received an eight-month sentence on a charge of making an unwarranted demand, with menaces, of the woman to immediately vacate her family home contrary to section 17, as amended, of the Criminal Justice (Public Order) Act. Both men, who had admitted the offences at an earlier hearing, have appealed the outcome.
The woman, her 17-year-old daughter and adult son had lived at the Larchville property for 13 years without any tenancy issues and are now in emergency accommodation.
READ MORE
On April 23rd, 2024, the woman sought support from Focus Ireland and Threshold after receiving a notice of termination from the landlord on grounds of selling the property. Having been advised the notice was invalid, she informed him the available pathway to address the matter was the overholding dispute process.
She said he disputed invalidity. The woman claimed he told her he wanted her gone by May 5th, 2024, or he would be 'sending people' to the property.
She lodged a dispute with the RTB. Ailish Browne, a team leader with Focus Ireland who was assisting the woman, called the landlord, advising him of legal repercussions of an illegal eviction.
His indication that he intended to proceed was flagged with the local homeless service, which said it had no emergency accommodation available for families at that time. It advised that they stay with family or friends, but that option was not available to the woman.
The woman contacted gardaí on May 1st, 2024, referencing the Garda Repossessions and Evictions Policy Document and the Prohibition of Forcible Entry and Occupation Act. Gardaí took statements and advised her to call if an incident occurred over the weekend.
Ms Browne said the woman called her the following day in a 'highly distressed' state, telling her five masked men came to the house dressed in black and threatened her through her sitting room window, with one shouting at her to leave the house or they would 'kill you and all in it'.
She instructed the woman to call 999, gardaí came and an investigation began, which led to the District Court prosecution of Mr Guiry and Mr Frampton.
On foot of an official Garda letter stating a 'threat to kill' was made against the woman and her family, they were allocated emergency accommodation on May 10th, 2024.
The woman said she felt unable to remain in the house due to the traumatic nature of the incident, while her daughter's mental health was severely impacted as she was at home when it happened.
An RTB hearing on July 5th, 2024, where the woman was represented under pro bono schemes by barrister Eamon Power, instructed by solicitors Arthur Cox, resulted in a decision of unlawful eviction.
The landlord did not dispute invalidity of the termination notice, but he told the adjudication officer (AO) he knew nothing about threats to the woman because he was out running at the time.
The AO accepted an event happened that caused the woman to leave the property and noted a Garda investigation was then underway. He said the landlord claimed that because the woman remained in the house until May 10th, this showed she was exaggerating the impact. The woman said she stayed there because she had nowhere to go.
The AO, who found both the woman and the landlord to be 'reasonably credible' in their oral evidence, considered that her staying on tended to suggest the level of fear she expressed was exaggerated.
The AO decided €4,500 – equivalent to six months' rent – was reasonable to cover the damage caused to the woman. When that was not paid within the 21 days required, she applied to the RTB for enforcement. That matter will be heard later this year.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
10 hours ago
- Irish Times
Injunction granted restraining Gavin Pepper from filming home of Pepper Finance boss
An interim injunction has been granted against a far-right councillor restraining him from filming and besetting the home of the head of debt firm Pepper Finance Corporation (Ireland) Ltd DAC. The High Court injunctions against Independent Dublin city councillor Gavin Pepper (who has no connection to Pepper Finance) also restrain such activity against members of Ian Wigglesworth's family. The managing director has five children, including one with Down syndrome, who was visibly upset after being recently filmed playing outside his home. The injunctions also prohibit Mr Pepper from obstructing, harassing, threatening, pursuing or intimidating Mr Wigglesworth and his family, who live in a Dublin housing estate. Cllr Pepper, of Plunkett Green, Finglas, Dublin, must also remove social media posts which contain video footage taken outside Mr Wigglesworth's home. READ MORE Brian Conroy SC, for Mr Wigglesworth and Pepper Finance, said Cllr Pepper has a well established association with the far right and social media posts promoting far-right ideas. This injunction application, brought on a one-side-only represented (ex parte) basis, was urgent in the context of recent events, he said, adding that his clients were concerned about the possibility of such events becoming more serious. Mr Wigglesworth, in a sworn statement, said Cllr Pepper has engaged in a series of threats and acts of intimidation against him and Pepper Finance. On July 25th, he arrived at Mr Wigglesworth's family home, set up a video camera with tripod and began filming his family, including his son with Down syndrome. It was particularly distressing that Cllr Pepper sought to disparage his son in a recent social media post which was published on X, Facebook and Instagram, he said. A second defendant in the case is David Rafferty, of Plunkett Green in Finglas, Dublin, who holds a mortgage account with Pepper has admitted to disseminating personal information about Mr Wigglesworth, including his address. He is sued arising from the sequence of events that followed but there was no application for an injunction against him. Cllr Pepper has published a total of 14 social media posts in relation to Mr Wigglesworth and his company. The posts are offensive, defamatory, threatening and replete with misinformation, Mr Wigglesworth said. In Cllr Pepper's first post on June 12th, he signalled his intention to attend the homes of named people. On July 25th, he threatened to camp outside Mr Wigglesworth's home if he didn't 'come to the table' in relation to the interest rates Pepper Finance charges. In commentary with his posts, Cllr Pepper said he had 'all the information about the staff' at Pepper Finance and another company. This prompted threatening comments from other social media posts. Mr Justice Brian Cregan also ordered Cllr Pepper be restrained from publishing the staff's addresses. He said he would deal with the issue of extending the injunctions to Pepper Finance itself when the case returns on Thursday.
Irish Times
19 hours ago
- Irish Times
Man in 70s sent forward for trial accused of historical sex offences
A man in his 70s accused of historical sex abuse offences has been served with a book of evidence and sent forward for trial to the Central Criminal Court. The man, who cannot be named due to the nature of the charges, faces 79 allegations relating to the sexual abuse of four girls in Ireland during the 1970s and 1980s. Judge Michele Finan at Dublin District Court granted a return for trial order at the request of State solicitor Rory Staines. He told the court that the Director of Public Prosecutions (DPP) consented to being sent forward on indictment on the 79 charges in the book of evidence served by Garda Sergeant Amy Kelly. READ MORE They include 78 counts of indecent assault and one count of attempted rape. The offences allegedly occurred at various locations in Co Dublin, including Dún Laoghaire, Killiney, and Blackrock, between 1971 and 1981. At the time, the girls were minors aged between eight and 15. The man was extradited from the US last week. Judge Finan notified the man that he must inform the prosecution within 14 days if he intends to use an alibi in his trial. She also ordered investigating gardaí to provide copies of interview videos to the defence and told the accused that his lawyer would explain it to him later. The man, who has not yet entered a plea, was remanded in continuing custody pending trial with no bail application made. Legal aid has been granted, with the defence stating that he is not working and has no assets. The judge noted that there was no Garda objection, and she agreed to a request by his solicitor, Tracy Horan, that it would include senior and junior counsel representation. The date for his next hearing before the Central Criminal Court has yet to be set but will be held the next legal term, commencing in October. Dressed in a grey tracksuit and black runners, the man sat silently in a wheelchair and spoke only to consult his solicitor, who asked that he get dental attention in custody because he still had no dentures and 'is not able to eat solid foods'. Following extradition proceedings at the request of the Irish authorities, he was arrested at Terminal 2, Dublin Airport on the morning of July 22nd. Gardaí charged him at the instruction of the DPP. He faces 41 counts of indecent assault and one for attempted rape of one of the complainants, 34 counts of indecent assault of another female, two counts of indecent assault of another complainant, and one charge of indecent assault of the fourth. The offences are contrary to Common Law. At his first hearing, a few hours after his arrest, the defence solicitor had informed the judge that her client required medical assistance in custody because he had no dentures or hearing aid, as they had not been brought over from the United States. The judge had noted this information and agreed to add that he should urgently get dentures and a hearing aid in custody. When the proceedings resumed on Tuesday, she heard that the man still had no dentures and recommended that he get the appropriate treatment.
Irish Times
20 hours ago
- Irish Times
Justin Kelly named as new Garda Commissioner to succeed Drew Harris
The Government has appointed current Garda Deputy Commissioner Justin Kelly to succeed Garda Commissioner Drew Harris , who is due to retire in a matter of weeks. Mr Kelly has been appointed to lead the Garda force after a recruitment process that began in May. Minister for Justice Jim O'Callaghan recommended Mr Kelly to his colleagues at Tuesday's Cabinet meeting, where the appointment was confirmed. In a statement, Mr O'Callaghan said he is 'very pleased' the Government has accepted his recommendation. READ MORE 'The role of Garda Commissioner is one of the most challenging and impactful leadership positions in Ireland's public service and the appointment process was suitably rigorous,' he said. 'I am satisfied that Justin Kelly is both qualified and particularly well suited to the role of Commissioner given his extensive leadership experience over the last 30 years in some of the most challenging issues facing An Garda Síochána including national security, domestic and sexual violence, and organised crime.' [ Justin Kelly interview: The changing Irish drugs trade: rocketing cocaine prices, gangs growing closer and Irish middlemen in Colombia Opens in new window ] A three-week recruitment campaign was held in May, including an international search for suitable candidates, which resulted in 14 candidates. The selection process included two interviews and a presentation by candidates as well as a detailed psychometric assessment. While Mr Harris is not due to retire until September 1st, after seven years in the role, the handover to Mr Kelly is expected to take place sooner than that. His appointment will be a popular one across the Garda force as he has spent the majority of his policing career involved in crime investigation work, mostly combating drugs and organised crime. As a result, he is regarded as someone familiar with the pressures facing frontline gardaí. A Dubliner, Mr Kelly joined An Garda Síochána as a recruit in the 1990s and has served, since last October, as deputy commissioner for 'security, strategy and governance'. Before that he was assistant commissioner in charge of the 'serious and organised crime' area of the Garda, including all the specialist units that tackle serious and for-profit crime. He has been one of the key figures in the Garda leading and managing the investigations into the Kinahan cartel, including its leadership tier based in Dubai and its Irish operation, which was previously headed by Dubliner Liam Byrne. In an interview with The Irish Times last year, Mr Kelly said the nature of Irish organised crime had changed, with far fewer gangland gun murders but significant co-operation around importing drugs. He said he believed drugs gangs had seen how the Garda wiped out the Kinahan and Hutch groups in Dublin during the operation targeting their feud and had decided not to engage in feuding or gun murders for fear of being targeted in the same way. Mr Kelly said although many people believed Irish crime groups were 'competing with each other and these groups would kill each other on sight, that isn't the way'. Instead, Irish gangs were 'coming together' to import drugs, or transit drugs through the country on to other final destinations. 'We used to be an end destination, now we're [also] a transit country, without a doubt. And in some ways, we're a production country now, around cannabis herb,' Mr Kelly said, in reference to the proliferation of cannabis growhouses in the Republic. 'We've even had large MDMA [and] methamphetamine seizures here that have been going out of the country. And some of the really big cocaine seizures ... some of them have been partly staying here, partly transiting through the country.' Earlier, the Garda Representative Association (GRA) said the key issues that the new Garda Commissioner will have to address are retention, the morale crisis within the force, the use of suspensions and discipline, lack of training and excessive bureaucracy. Speaking on Newstalk Breakfast on Tuesday morning, the GRA's general secretary, Ronan Slevin, said he hoped that whoever is appointed as Garda Commissioner will recognise those issues that need to be addressed immediately. When asked about the GRA's lack of faith in Mr Harris, Mr Slevin said that he had failed to address issues identified by the association over many years. 'He still is denying that there is a morale issue within An Garda Síochána. And I think that the resignation and retirement figures clearly demonstrate that there's a serious morale issue within the workforce.' Mr Slevin said that the new commissioner will have to address issues such as the inability to attract new members into the force, as well as the staff retention issue. 'Those are issues that he can address immediately, the use of suspension, discipline, the lack of training, the bureaucracy and administration tasks that members unnecessarily have to get involved in on a day-to-day basis. All of that is leading into a demoralised workforce and I think that the new Commissioner will have to address that,' said Mr Slevin. 'You have a force that are in some way in fear of working because they know that if they make any form of a mistake they will be disciplined severely as a result of that, and that strangles the workforce in the environment that our workforce is in.'
