A MAN who daubed a gable wall on his property in Howth, Co Dublin, with allegedly defamatory statements about his neighbours and statements claiming corruption in the planning process has been ordered by the High Court to remove the slogans.
Thomas Carlyle, who owns a property next to the former St Mary’s Church in Howth, Co Dublin, which has been converted into an apartment block called Renaissance House, was ordered to remove or paint over the offending graffiti so as to “obliterate it”.
His neighbours, Thomas and Rosemary Evans, who are directors of the company that bought the church and converted it into apartments and a beauty therapy education centre, had sought the injunction requiring Mr Carlyle to remove the graffiti and prevent him, or others acting on his behalf, from adding to it.
The wall in question is part of Carlyle House, which is owned by Mr Carlyle but adjoins a forecourt area used for parking by the occupants of the apartments.
Ordering the removal of the graffiti, Mr Justice John Hedigan said while Mr Carlyle might be able to establish a defence of justification for the allegedly defamatory content of the graffiti at a future trial, the Evanses also had a right to vindicate their good name and the court had to take into account that the graffiti amounted to an unauthorised “billboard” and damage to the visual environment.
The case involved a bitter dispute in which Mr Carlyle claims a 1996 planning permission for the apartment development was obtained through fraudulent means. He told the court his actions were born out of frustration at being left without legal remedy because his time for challenging the planning permission had long expired.
The Evanses strongly denied allegations of fraud and said Mr Carlyle was a competitor at the auction at which they bought St Mary’s Church and that he was motivated by spleen and ill will.