A landlord and ex-Garda has been jailed for six weeks over his “flagrant breach” of undertakings given by him to the High Court concerning a property deemed by Dublin City Council a fire risk.
The President of the High Court, Mr Justice Nicholas Kearns, today made the committal order against Kevin Galvin after the council complained another undertaking given by Mr Galvin last Friday to vacate his property at 73 Cabra Park, Dublin, of all its residents had not been complied with.
The council sought the committal order on the basis of alleged continued failures by Mr Galvin, Furrypark Road, Killester, to comply with undertakings given to the court.
The court heard Fire Safety officials last Tuesday found four people living in flats in 73 Cabra Park which was considered a dangerous fire hazard. The four, three adults and a child, were in the building despite the court being told last Friday it had been vacated, the Council said.
In an affidavit, Peter Audley, a Fire Safety Officer with Dublin Fire Brigade, said he was informed on Tuesday by the tenant rights group Threshold that, the previous Thursday, residents were given 24 hours notice to leave 73 Cabra Park by Mr Galvin but it was informed people were still residing there on Tuesday.
Mr Audley said it was ascertained four people remained in the premises in breach of undertakings previously given by Mr Galvin.
Lawyers for Mr Galvin told the court yesterday he genuinely believed the undertakings had been complied with and had informed the tenants at 73 Cabra Park they had to leave the premises. Counsel said the tenants had refused to leave and asked the court to give Mr Galvin a chance to fully comply with the undertakings.
Lawyers for the four tenants said they were not refusing to leave and were trying to source alternative accommodation.
Mr Justice Kearns said Mr Galvin had committed the “most serious of contempts” and he was committing him to prison for a period of six weeks for his “flagrant breach” of undertakings to the court.
As an ex-Garda, Mr Galvin should clearly have understood the gravity of undertakings given to a court, the judge said. When Mr Galvin told the court last week the premises had been vacated of residents, that “was an outright lie”, he added.
Mr Justice Kearns also said he would not entertain an application on Mr Galvin’s behalf to purge his contempt until the new legal term commences in mid-January. Any arrangements that would result in purging Mr Galvin’s contempt could be conducted by his solicitors, he added.
Noting the history of the proceedings, the judge said undertakings to the court given by Mr Galvin last July and last week had not been complied with. Mr Galvin had not carried out the necessary works on the building to ensure the safety of the people there, he said.
As far as the court was concerned, the residents at the premises were innocent parties in all of this, he added.
Earlier this year, the Council secured injunctions directing Mr Galvin to ensure all tenants vacated his properties at 116 Cabra Park, 73 Cabra Park and 41 Phibsboro Road because the council believed the properties represented a clear danger to anyone residing in them.
The council’s proceedings against Mr Galvin settled last July on the basis of undertakings by Mr Galvin, including to convert the properties at 73 Cabra Park and 41 Phibsboro Road from multi to single dwelling units.
Last Friday, the council moved to re-enter those proceedings against Mr Galvin after inspections at 73 Cabra Park in late November revealed four separate flats were being used in the building and it was not being used as a single dwelling.
Those proceedings were also compromised after the court was told Mr Galvin had vacated the Cabra Park premises of tenants since that inspection and would comply with the undertakings. Mr Justice Kearns had warned Mr Galvin last Friday of “serious consequences” if he did not adhere to the undertakings given by him.
Mr Galvin, who was sacked from An Garda Síochána earlier this year, has brought High Court proceedings challenging his dismissal. The court also heard he received a three month suspended sentence at Dublin District Court last July for breaches of fire safety regulations in respect of another property owned by him.