5 days ago
Caravan parked at entrance road to Tesco Maynooth must be removed by Wednesday
The High Court has ordered a mother and her daughter to remove a caravan they are allegedly occupying at an entrance road to the large Tesco Extra shopping centre in Maynooth, Co Kildare.
The caravan was allegedly towed a month ago and left at the road, which serves as the main delivery route to Tesco and for the Carton Retail Park generally.
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A man called Dermot O'Brien, who died tragically just over two weeks after the caravan's arrival, told centre staff he had used his last €100 to have it towed there, that he was renting the caravan, and that he was going nowhere until Kildare County Council housed him and his family.
The orders that the caravan be removed are against his widow, Sandra O'Brien, and her daughter, Valentine O'Brien, who allegedly continue to occupy it.
Tesco Ireland Ltd regional manager for assets and estates, Keith Brady, said in an affidavit when he spoke to Mr O'Brien he observed there were no personal possessions such as clothing, food or a television in the caravan which suggested to him it had not been lived in for very long as of May 27th when it was towed there.
After Mr O'Brien became irate with Mr Brady, the gardai were called and said Mr O'Brien was well known to them, but that the only way to move him was with a court order, as it was private property.
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A garda also warned more caravans might arrive overnight and Tesco arranged for further security and the next day installed concrete blocks on the grass verge along with a gate.
Mr O'Brien again refused to leave and also had An Post deliver a letter to him at the site which he showed to Mr Brady and stated he could now show the council he was living on the Tesco car park as he had the letter with his name and eircode on it.
He also asked Mr Brady if he could arrange for someone to cut the grass around his caravan, Mr Brady said.
Several people visited the caravan over the next few days. Matters escalated dramatically on June 5th when emergency services were called to the caravan following a tragic incident involving Mr O'Brien. He was taken to hospital and died on June 13th.
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While Tesco had already been having legal proceedings prepared to seek the removal of the caravan, Mr Brady said he instructed their solicitors to refrain from taking any enforcement action out of sensitivity for the family.
For several days after June 5th, cars were coming and going, and there were a number of people in the caravan, with people seen bringing alcohol into it.
Mrs O'Brien was asked to move on June 19th and said she had nowhere to go. Mr Brady said he was also told by her the council has put her on the emergency housing/B&B list.
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Ultimately, it was necessary to bring proceedings, Mr Brady said.
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Apart from the trespass itself, there was a traffic safety risk for the caravan occupants and lack of basic sanitary services or waste disposal facilities, he said. He was also concerned the antisocial behaviour at the site will dissuade customers from shopping there.
Mr Justice Brian Cregan said he was satisfied to grant an interim injunction prohibiting trespass and requiring the removal of the caravan. The application was made with only the Tesco side represented (ex parte) by Niall Fahy BL, for the company.
The judge said the defendants must do so by 5pm next Wednesday, but if they wish to oppose the orders, they should turn up in court that day.
