A COUPLE WHOSE illegally built Co Meath home was recently demolished have appeared before a judge over contempt of court proceedings taken by Meath County Council. 

Michael and Rose Murray, owners of the home which formerly stood at Faughan Hill, Bohermeen, appeared under garda custody at High Court in Dublin today after being detained by Detective Garda Mark Looby who gave evidence at the hearing. 

Mr Justice Richard Humphreys warned the couple that their liberty was at stake in the absence of full cooperation with the court. 

Meath County Council alleges the couple did not carry out the undertaking they had given to vacate the property. 

Neil McNelis, the lawyer representing the Murrays, said that whether the undertaking was breached is disputed. “Our position is we didn’t breach it,” he said.

Deirdre Hughes, counsel for Meath County Council, said the Council is looking for the couple to give undertakings to cooperate, and to allow for removal of the demolished property to continue.

She said threats had been made against workers on the site of the now demolished house. 

Called to give evidence, one witness for Meath County Council said: “The main contractor informed me that one of the hauliers had a threat that he would be burnt out if he returned to the site,” he said. 

The main contractor said the haulage company then pulled their services from the site, the witness said. 

Detective sergeant Looby, who took the couple into custody this morning, also gave evidence of threats made. 

“It was brought to my attention that one of the haulage contractors had received a phone call on 20 March from a male with a Northern Irish accent [who said] not to have any rubble taken away from the house,” he said.

He described what was said in the phone call: “If a person called ‘The Bull’ hears anything about him taking rubble from the site there will be nothing left of his house.” 

The legal team for Meath County Council said “previous threats” had also been made against security personnel stationed at the site. 

Looby said Sergeant David Owens from Kells garda station in Co Meath previously gave evidence that security personnel received a phone call and then removed themselves from the site after the call.

McNelis said that if “third parties want to engage in criminality” it is not related to his clients.

He said he and his clients had received no notice of the threat allegations and his clients were outside the country when the threats were made.

“This is nonsense and it’s more about posturing than anything else. My clients don’t want to be tainted with the cloak of criminality,” he said.  

“If third parties are vexed or angry with authorities, that doesn’t impugn my clients.”

McNelis submitted an affidavit from his clients to the court this morning which he said explained the recent moving of the Murrays and provided their new address.

He said he was reluctant for his clients to be questioned under cross-examination as he felt the necessary information was provided in this morning’s affidavit. 

Judge Humphreys asked if the couple would “give undertakings today or not”. 

McNelis said his clients would accept undertakings made by the judge but not the Council, suggesting that undertakings made by the Council were tinged with suggestions of criminality on the part of the Murrays.

McNelis said there was no element of “running away” when his clients went on holiday. 

Hughes for Meath County Council said it is a “fallacy” that the Murrays have been cooperative with the Council

She said only the Murrays can give evidence to prove they have not breached the undertakings and are therefore not in contempt of court; however, they were not willing to give evidence, she said. 

She said that the undertakings which are under discussion are now defunct and have effectively been complied with as the house has been demolished. 

“We are not seeking any further orders from the court in relation to the committal of the respondents to comply with what are now defunct orders,” she said. 

The judge said: “What you’re suggesting is that I discharge the order of contempt.”

Hughes agreed and said she wants certain conditions attached to the ruling which require the Murrays to cooperate with efforts to remove the remnants of their demolished house. 

The judge said: “The best thing for all concerned is to come to a conclusion sooner rather than later”.

He said the reports of criminality sped up the demolition, and it was “imperative” it was speeded up to prevent further escalation.

Hughes said McNelis had told her his clients are prepared, without admission of liability of any acts by third parties, to abide by any undertakings suggested by the court.

Hughes said her client is amenable “save the issue of costs”, which is to be dealt with another day. 

Giving evidence separately under oath, the Murrays agreed to undertake to cooperate with the work of the council to conclude the demolition, cooperate with gardaí relating to any persons who may interfere with the demolition, assist Garda with identifying these persons and agree not to encourage any person to interfere, from today until the completion of all demolition works at the property or until further order of the court.

Hughes said that on the basis of these undertakings, the Council is happy for the order made against the couple to be discharged and is happy to adjourn the application, save for the issue of costs.

McNelis said he is “quite happy” for the court to discharge the contempt charge.

The judge discharged the Murrays on the condition they abide by the undertakings furnished by oath.

The matter of costs and the motion before the courts is to come before the court again on 20 April.