A man who, according to a judge, broke into a pensioner’s house and has been living there with friends since last October, has been ordered to get out by noon on Wednesday.
Judge Jacqueline Linnane said in the Circuit Civil Court that Peter Herron, by changing the locks on Noel Kavanagh’s property at 109 Connaught Street, Phibsborough, Dublin, had broken in.
Barrister Joe Smyth, for Mr Kavanagh (80), told the court that Mr Herron and a group of people living in the house had refused access to the ga6rdaí and an agent for Mr Kavanagh.
Mr Herron described himself as a film-maker and claimed to have a legal right to live in the property because he had possession of it.
“The fact is that the defendant broke in to these premises and it appears to have been pre-planned,” Judge Linnane said. “This is illegal and he is a trespasser and has broken the law.”
Interfered
The judge said Mr Herron’s actions continued to cause worry and distress to Mr Kavanagh, who was in ill health. She said Mr Kavanagh’s belongings in the property had been interfered with.
Judge Linnane told Mr Smyth that Mr Kavanagh had a right to recover his property for which, since the break-in, there had been insurance implications.
The court granted an interlocutory injunction directing Mr Herron and all others in occupation to vacate the house by Wednesday and ordering them to cease their occupation by noon of the same day.
Judge Linnane also made an order for possession in favour of Mr Kavanagh and adjourned the issue of damages to a full trial of the proceedings. She granted Mr Herron time to enter a defence and directed the court orders be served on An Garda Síochána.
The judge told Mr Smyth that copies of her orders could be served on Mr Herron and others in the house by posting them through the letter box or, if it was sealed, by affixing them to the front door.
Judge Linnane told Herron his film-making might be limited internationally if a formal complaint was made to gardaí or the DPP and a successful conviction was obtained against him.
Mr Herron, who told the court Mr Kavanagh’s belongings had been safely stored, represented himself with the help of a friend.