Adjournment in case to remove man from his home

COUNCIL MOVE TO ‘EXCLUDE’ MAN WITH CONVICTIONS FROM HIS HOME

THE FIRST ever move by the Council in the Killarney area to evict a man with a criminal record from the home he lives in has been stalled as a Judge indicated he would be reluctant to break-up a family.

Kerry County Council applied to ‘exclude’ John O’Regan from the home he shares with his partner and five children at 16 Willow Grove, Ballydribbeen, for a period of three years on the basis of anti-social behaviour in the estate. His partner Lisa McCarthy is the tenant of the home, with O’Regan the named occupier.

The family would not get a transfer to a larger house because the father would not be accepted by the council as a named occupier, the court heard. Five children were all sleeping in one room.

In the first such application governing the old local authority area of Killarney, Kerry County Council sought to exclude John O’Regan from 16 Willow Grove, Ballydribbeen, the home he shared with council tenant Lisa McCarthy and their children.

The application was moved because of two criminal convictions; one in 2015 for sale and supply of drugs and for which he received a suspended sentence; the second in relation to an assault involving a neighbour and obstruciton of garda.

Kerry County Council, as landlord, had responsibility to all tenants in the estate and took sale and supply of drugs very seriously, the court heard. There had been ‘numerous’ verbal complaints from neighbours in relation to the violent incident of February 2017. The Council also confirmed the family were not being allowed a bigger house due to legislation governing tenancy and Mr O’Regan’s convictions.

Housing liaison officer Sean McCarthy said the Council had only consulted directly with the tenant, Ms McCarthy, and not with Mr O’Regan. Solicitor Eimear Griffin, also asked if any solution had been brokered and none had. It was the combination of two offences which led the council to seek the exclusion order, he said.

Tenant Lisa McCarthy said the couple had five children together and she had two older daughters. The five young children were all in one room where there was one double bed, a single bunk over this and a mattress on the ground because there was not room for a bed frame. An older daughter was on the couch in the sitting room.

Some years ago she had been offered a bigger house. It was when she applied for the bigger house that she got the exclusion order, Ms McCarthy said. At the time of sale and supply offence in 2013 their home they were not getting on and she was not aware and did not condone such activity.

“I don’t want John to be put out of the house. We do everything together. The children have missed school in three years. He’s a great Dad. I rely on him for everything,” she said.

Judge John King said he had no doubt in his mind that anti-social behaviour had taken place. However, he asked the council to find an alternative to the exclusion order. The council said they would consider a period of exclusion for less than three years.

“I am very reluctant to break up a family no matter what the circumstances,” Judge King said. The council then applied for an adjournment for twelve months with liberty to apply and this was granted. “My client very much appreciates the reprieve,” Ms Griffin said.