Judge is pre­pared to quash evic­tion no­tice

JUDGE TO GIVE DE­TAILED DE­CI­SION IN BRADYS’ AP­PEAL AT LATER DATE

Bray People - - NEWS -

A HIGH Court judge has said he is pre­pared to grant an or­der quash­ing an evic­tion no­tice against Sinn Fein TD John Brady and his wife.

Mr Justice Max Bar­rett said he will give his de­tailed de­ci­sion at a fu­ture date on the Bradys’ chal­lenge to Wick­low County Coun­cil, which served the evic­tion no­tice in a dis­pute over an al­legedly unau­tho­rised at­tic con­ver­sion in their coun­cil-owned home in Bray.

Fol­low­ing the com­ple­tion of le­gal sub­mis­sions from the sides last Tues­day, June 14, the judge in­di­cated he was pre­pared to grant an or­der quash­ing the evic­tion no­tice but will give his full judg­ment later.

Mr Brady, elected a coun­cil­lor in 2004 and a TD this year, and his wife Gayle, brought ju­di­cial re­view pro­ceed­ings over the no­tice served on them over the 2004 at­tic con­ver­sion, which was an al­leged fire haz­ard.

The coun­cil op­posed the chal­lenge and ar­gued the sit­u­a­tion was the re­sult of the cou­ple’s own ac­tions. The fact the con­ver­sion is now sub­stan­tially in com­pli­ance proves the work was re­quired, it said.

Mr Brady be­lieved the no­tice was is­sued be­cause of his crit­i­cism of the coun­cil in the past.

He told the court there had been a lot of ten­sion be­tween him and of­fi­cials in the im­me­di­ate run up to what he said were ‘so-called ran­dom in­spec­tions’ of coun­cil houses where ex­ten­sions had been car­ried out.

He had been highly crit­i­cal of the coun­cil over the deaths of two coun­cil fire­man in 2007 and dur­ing a sub­se­quent health and safety pros­e­cu­tion against it. He had also sup­ported two women who staged a sit-in at Bray Town Hall over home­less­ness.

As a re­sult of the sit-in in­ci­dent, the coun­cil de­ducted pay­ments from his salary as a coun­cil­lor, re­moved his se­cu­rity clear­ance from the Bray coun­cil build­ing and told him he was only en­ti­tled to go into pub­lic ar­eas, he said.

He had also been highly crit­i­cal of the fail­ure of the coun­cil to up­grade all the houses in Old­court es­tate in Bray, where eight mem­bers of one fam­ily had died in a fire.

The coun­cil re­jected his claims and said in­spec­tions of lo­cal author­ity prop­erty were nor­mal so as to en­sure its hous­ing stock was main­tained in good or­der.

Gayle and John Brady.

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