A JUDGE has warned a couple they will be jailed unless they remove their live-in caravan from a roundabout in Limerick.
Limerick City and County Council offered an apartment to the couple, Teresa and James Harty, of The Caravan, Coonagh Cross Link Road, Limerick, but they turned the offer down, Limerick District Court heard.
The Council brought a prosecution against Mr and Mrs Harty for allegedly failing to follow an enforcement order from the local authority to remove an unauthorised caravan from the roundabout, situated near a shopping centre and a third-level institute.
“Mr and Mrs Harty are part of a group of Travellers whom there are very serious issues with, it is going on most of the year where there is a serious traffic problem because they are living on a roundabout – it is extraordinarily dangerous,” Will Leahy, prosecuting solicitor for Limerick City and County Council, told the court.
“They have been made an offer of a pod accommodation where there is 10 apartments. They have no children and they have refused (the offer) on the grounds that there is a men’s hostel next door.
“The 10 pods are operated by the Council, and three are occupied by couples, and we (the Council) believe the refusal of the offer is unreasonable,” Mr Leahy added.
Teresa and James Harty’s barrister, Nicholas Hall BL, described James Harty as being “a vulnerable individual”, whose wellbeing could be put “at risk” if he was residing next door to other vulnerable persons staying at the hostel.
Mr Leahy reiterated that the Harty’s caravan was “parked on a major traffic route on a roundabout” located close the site of the unfinished €30million Northern Distributor Road.
A number of unauthorised caravans belonging to other Traveller individuals and families had allegedly been “blocking access” to the roadway, which has yet to be completed, said Mr Leahy.
Mr Hall said his instructions from the Hartys was that they were not blocking any road access, and that, if they were forced to move from the area, they would be “at risk of homelessness”.
Judge Michael Ramsey imposed a two-week jail sentence on the couple, which he suspended for 12-months on condition that Mr and Mrs Harty’s caravan is removed from the area and did not return during the next 12 months.
Another couple, Michael and Marie McDonagh, of The Caravan, Coonagh Link Road, Limerick, appeared before the court for allegedly failing to adhere to an order from the Council to remove their caravan from the same area.
Mr Leahy said the Council offered the couple a place to reside but that they did not engage with the local authority.
Mr Hall said it was his understanding that there had been some engagement between the parties about the matter.
Mr Hall said Mrs McDonagh was in receipt of a disability allowance, and he applied for free legal aid on the couple’s behalf.
Asking the court to finalise the matter, Mr Leahy told the judge: “We (the Council) are under considerable pressure regarding this roundabout.”
Judge Ramsey granted legal aid to the McDonaghs and adjourned the case to May 2.
