An order was issued by the High Court yesterday for the arrest of two men alleged to be illegally occupying a cottage which Fingal County Council is proposing to demolish as part of the planned Northern motorway scheme.
Mr Justice Peter Kelly said he was satisfied Mr Michael Hammond and Mr Marcus McKenna were in contempt of a court order of March 22nd last restraining occupation of Seaview Cottage, Seatown Road, Seatown, Swords, Co Dublin and directing named persons and others with knowledge of the making of the order to leave the cottage forthwith.
He granted Mr Dermot Flanagan, for Fingal County Council, orders for the attachment of both men and directed they be brought before the court to explain why they should not be committed to prison for breach of court orders.
Last month, Ms Justice Macken issued an interlocutory order restraining occupation of the cottage. That hearing was told that Mr Liam Kindregan, an official with the council, went to the cottage on February 22nd and spoke to Mr Michael Hammond who apparently, with others, had gained entry by forcing a window.
Ms Justice Macken was also told that Broadmeadow Estuary Action Group Ltd had brought judicial review proceedings challenging the Northern motorway scheme and the cottage occupants had informed Mr Kindregan they wished to remain in possession until the Broadmeadow proceedings were decided. However, it was stated that none of the cottage's occupants had a legal interest in those proceedings.
Mr Hammond said on that occasion that he was one of a group of people who had occupied the cottage to highlight the estuary campaign. He said he wished to get legal advice as to whether he and his friends could "get this cottage utilised properly".
Ms Justice Macken said they did not require to be in occupation in order to see whether it was properly utilised.
