A Dublin Corporation official has been ordered to explain why accommodation was denied to a heroin addict who had just been released from prison.
Michael Carolan (23) was refused permission by the corporation to live in his family home in Fatima Mansions. He was told he could face a fine of £1,500 if he stayed there.
Carolan has since been homeless and is unable to collect social welfare payments or rent allowance.
Judge Kieran O'Connor ordered Mr Alan Flynn, an official of Dublin Corporation, to give evidence before the court next November. Judge O'Connor said he had never heard of a case in which the corporation had acted in such a way, but he understood its concern to keep drugs out of the Fatima Mansions area. Nevertheless, Carolan had a right to accommodation and social welfare assistance.
Carolan's counsel, Mr Michael O'Higgins, said that the way his client was treated was extraordinary by any standards. He had reoffended since being released from prison but there were exceptional circumstances in the case. His client accepted he would have to go into custody until his case is considered next December.
He added that Carolan now faced having to serve the remainder of a nine-year sentence because he had not been given any opportunity to amend his life. Mr O'Higgins showed the court a letter from the corporation to Carolan's solicitor. In it, an official said Carolan's residency in Fatima Mansions would "not be in accordance with good estate management", a phrase which Judge O'Connor said he had not heard in 25 years. He made an order for Mr Flynn to appear before the court on November 19th, 1999, to explain the situation.