A man who has failed to comply with a court order to demolish three timber cabins and other works on the land surrounding his home has been told to “bring a toothbrush” to court next week.
Frank Gaynor was warned he would be “going to prison” if he had not reached agreement with Fingal County Council on a timeframe for compliance.
He was in Dublin Circuit Court to respond to a claim by the council that he and his wife, Sylvia, both of Drishoge Manor, Oldtown, north Co Dublin, were in contempt of court.
The council had obtained an order for the removal of the unauthorised buildings, a driveway and parking area, electrical and other works as well as the closure of a gateway being used for access to the property in April 2023. The dispute dates back to 2020.
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Tim O’Sullivan, for the council, told Judge John O’Connor how Gaynor, who said his wife was attending a funeral in England, had failed to engage on the issue despite repeated attempts to contact him and gain access to the property.
When Gaynor initially told the judge he could not afford to comply with the order, the barrister said the property was large and well maintained and that “substantial luxury cars” had been seen in the driveway.
Gaynor, who represented himself, said this was “ridiculous”, that he drove “an 03 [Toyota] Rav 4” and that the cars might have belonged to “friends of my kids or ours even”, but he said “I haven’t the means” to comply with the order.
The judge told Gaynor “you’re giving me nothing here” and adjourned the hearing for 30 minutes to allow him reflect on his position.
“You need to focus and you need to tell me that there is something you are going to do,” the judge said.
When the case resumed, there was some discussion regarding how many court appearances Gaynor had made. He suggested he had been before the court a couple of times.
The judge then read a long list of dates on which the council’s case had been before the court and Gaynor said he had been required to attend all of them.
The judge asked how many times he had been in court in relation to insurance claims after traffic collisions. “I’ve been in for traffic incidents on a couple of occasions,” Gaynor said.
Pressed further, he replied: “Maybe four, five, six times.”
“How about 26?” the judge asked, apparently referencing a claim made in a case involving Gaynor and five family members last year. On that occasion, claims for about €350,000 were dismissed.
“That’s an absolute fabrication,” Gaynor told the judge. “On the court record I deny it”.
“Your credibility is low in this court,” the judge told him.
Gaynor agreed to grant the council access to the property he told the court he shared with his wife and seven grown-up children.
O’Sullivan said an inspection would take place next Wednesday at 11am by council staff, accompanied by members of An Garda Síochána.
He asked that the parties returned to court as soon as possible after that so it could be assessed whether Gaynor was being co-operative.
The judge told Gaynor he needed to allow the inspection to take place. He must also outline his plan for the removal of the buildings and associated works to the council representatives during their visit to the property.
Gaynor said he would do his “absolute best to get the work done”, but suggested it might be difficult “on the spur of the moment”.
“This is not the spur of the moment,” the judge said. “It’s five years down the line. I do not want to send anyone to prison, but I have my limits. If I do not see [evidence of] co-operation, bring a toothbrush because you are going to prison.”
He adjourned the case to March 6th.
