Gardaí ordered to arrest former Garda over planning issue
Galway Gardaí have been ordered to arrest an ex-garda and publican who has defied an order for the last decade to demolish a shed converted into a Connemara beach house.
Brian DeCourcey of Ahascragh, Ballinasloe, 83, did not turn up at Derrynea District Court on contempt of court charges, claiming he had a medical appointment for which documentation outlining the details was produced.
In February 2024 Judge Mary Fahy had ordered him to serve five days in jail if he did not comply with the order she had given in 2018 for the shed transformed into a holiday home at Rossadillisk, overlooking Cleggan Bay, to be knocked.
The original enforcement order to remove the structure with a floor space of 136sqm was issued by Galway County Council on November 24, 2016.
Barrister for Galway County Council, Alan Ledwith, told Judge Brendan O'Reilly they wanted the application for a new indefinite committal order for prison to be heard, as the appointment was not until 1pm and court began at 10.30am.
The defendant had previously left on the grounds of ill health before the case was called at Clifden District Court on October 9.
My understanding is that he is in hospital now. His condition has deteriorated.
After reviewing the medical report, Judge O'Reilly said it only stated that the defendant had told the doctor he was sick, not that the medic was testifying that DeCourcey was sick. The District Court Judge also pointed out that he had ordered the defendant on October 9 to attend court today, yet the appointment letter was issued on October 21.
The court has previously heard that DeCourcey claims he cannot afford the cost of demolishing the structure that it is on land owned by four family members.
After hearing that legal costs of €1,750 had been handed to Galway County Council as previously ordered, Judge O'Reilly said he was issuing a bench warrant for DeCourcey's arrest.
Defence solicitor Dermot McDermott asked that the bench warrant not be issued before the case was next listed on January 14.
"My understanding is that he is in hospital now. His condition has deteriorated. It's his third stay in hospital this year, including one in intensive care," he stated.
"I'm happy to collect him myself on January 14."
Judge O'Reilly said he was not for turning.
"The whole exercise is frustrated by your client's non-attendance. I'm conscious of his age and medical condition, I don't want to be crass about it, but when the order was made in 2018 he wasn't the age he is now," remarked Judge O'Reilly.
"The bench warrant stands, it's your professional duty to tell him what happened today, it's not your function to convey him or beg him to come.
"You're aware of your client's background, he knows what a bench warrant is, he knows what it is to attend a court."
Judge O'Reilly said "the sooner the bench warrant is executed the better". If it happened before January 14, the case may be heard earlier.
Solicitor for Galway County Council Dermot Caslin previously told the court that the local authority did not accept that the defendant could not afford an estimated €7,500 demolition cost, as he had added expensive stone cladding after enforcement proceedings.
DeCourcey was an ex-Garda, likely be receiving a good State pension, and he was the owner of a pub in Ahascragh.
The Council understood that the property had been rented out at various times.
DeCourncey had engaged three different firms of solicitors to represent him over the years and had lodged three different applications for retention permission, which would have attracted significant fees.
The County Council also argued that there had been no issue about the ownership of the site in previous court proceedings and in documents signed by the defendant sent to the local authority.