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29 Jun 2022

Council takes action over alleged illegal trespass on Traveller site in Carrick

Injunction granted

Trainer Gordon Elliot tells High Court he never spoke to owner of horse CAB claims was bought using proceeds of crime

The case was heard at the High Court in Dublin

Leitrim County Council has brought High Court injunction proceedings aimed at removing persons it claims are illegally trespassing on part of a Traveller Group Housing Scheme to vacate the property. 

The court heard yesterday, Wednesday, that the alleged trespass commenced earlier this month when "a group of individuals wearing balaclavas cut open a locked barrier and placed their two caravans on an empty lot of the property, which is beside a playschool."

The alleged trespassers' actions it is further claimed "terrified staff and children" at the creche resulting in parents being called to come and collect their children, and the Gardai were called.

Lawyers for the council say that the occupiers have parked their caravans in a derelict bay at the Shannonside View Traveller Group Housing Scheme in Carrick-on-Shannon, Co Leitrim and have refused to leave the site. 

The court heard that some of the persons it claims are illegally occupying the site have identified themselves as John Mongan, John Mongan Junior and Margaret Mongan, who said they had moved from Dublin.

The council says that it has approached those persons, who it says have no permission to be on the site, which is owned and operated by the council.

However, the occupants have refused to vacate the site, resulting in the council seeking an injunction from the High Court.

The matter came before Mr Justice Brian O'Moore the High Court on Wednesday, who on an ex-parte basis, said he was satisfied to make orders against the three named individuals and all other persons that are wrongfully in occupation of the site.

The judge said he was prepared to grant orders restraining the occupants from interfering with or obstructing the council from taking possession of the property in question. 

The court also made an order restraining the defendants from entering or placing any further structures on the land without the council's consent.

The matter will return before the High Court later this month.

Seeking the order, Niall Flynn BL for the council said that it is his client's case that there are serious health and safety concerns regarding the bay.

The bay where the alleged illegal occupation is occurring is derelict and had been closed off from the rest of the site.

The bay where the caravans were placed is not currently suitable for occupation and is not safe, counsel said. 

The housing scheme in question is "not a transient site" which facilitates random occupation by travelling parties. 

It contains 14 bays which the council says are allocated by it to individuals and families on a contractual basis, the council also says.

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