Fingal County Council is to proceed with the demolition of a cottage on lands through which the planned northern motorway scheme is being built.
Seaview Cottage, Seatown Road, Seatown, Swords, had been occupied by people protesting at the motorway scheme. Earlier this month, Mr Justice Peter Kelly issued an order for the arrest of two men alleged to be illegally occupying it.
The judge said he was satisfied Mr Michael Hammond and Mr Marcus McKenna were in contempt of Ms Justice Macken's order of March 22nd restraining occupation of the cottage and directing named persons and others with knowledge of the making of the order to leave it forthwith.
He granted Mr Dermot Flanagan, for Fingal council, orders for the attachment of both men and directed they be brought before the High Court to explain why they should not be committed to prison for breach of court orders.
Broadmeadow Estuary Action Group Ltd has brought judicial review proceedings challenging the northern motorway scheme. Mr Hammond told the hearing before Ms Justice Macken he was one of a group of people who had occupied the cottage to highlight the estuary campaign. He said he wished to get legal advice as to whether he and his friends could "get this cottage utilised properly". In court yesterday, Mr Flanagan said the gardai had been unable to execute the orders of attachment against Mr Hammond and Mr McKenna because, on each occasion the gardai went to the cottage, neither man was there. i had seen radios and other personal possessions in the cottage but had not seen anyone there.
Counsel said he was asking the court to vacate that part of its order of March 22nd preventing demolition of the cottage. He said the defendants had no interest in the legal proceedings challenging the road scheme and there was no court order in place regarding it.
Ms Justice Macken consented to the application and adjourned the matter for two weeks.