THERE WAS no evidence to support a finding that developer Thomas McFeely was guilty of contempt of court orders in relation to the carrying out of remedial works at the Priory Hall apartment complex in Dublin, the Supreme Court was told yesterday.
It was not possible for Mr McFeely to comply with orders related to the works because he had been evicted from the site almost two weeks earlier, his counsel, Martin Hayden SC, added.
The five-judge Supreme Court is hearing Mr McFeely’s appeal asking it to overturn that finding of contempt and other consequent orders jailing him for three months and fining him €1 million.
Those orders, made by president of the High Court Mr Justice Nicholas Kearns, have been stayed pending the outcome of the appeal, which continues today.
Dublin City Council, which brought the High Court proceedings seeking orders evacuating the Priory Hall residents on grounds of fire safety and other concerns and requiring Mr McFeely to carry out remedial works, is opposing Mr McFeely’s appeal.
On November 17th last, Mr Justice Kearns found Mr McFeely in contempt of undertakings given by him to the court on October 17th to carry out certain works to the Donaghmede complex within a specified timescale.
Following the judge’s order that he be committed to Mountjoy Jail for contempt, the developer was taken briefly to the Bridewell Garda station but was later freed by order of the Supreme Court. A stay was applied on the High Court orders pending the appeal.
Opening the appeal yesterday on behalf of Mr McFeely and his Coalport company, Mr Hayden argued the High Court judge’s conclusion that his client was guilty of breaching undertakings given by him in October was not supported by any credible evidence.
The High Court judge had found there was no prospect the first phase of a series of works promised by Mr McFeely would be completed by November 28th.
Mr Hayden argued his client should not have been found in contempt in circumstances where the council had on November 4th successfully applied to have Mr McFeely removed from the site. This meant it was no longer possible for Mr McFeely to comply with orders, Mr Hayden said.