Dublin property owner Ms Marie-Therese Underwood has asked a judge to quash a £35,000 penalty imposed on her and her husband, Ivor, for breaching the Building Control Act.
Judge Michael White was told in the Circuit Court yesterday that in 1993 she had been given a six-month prison sentence which was suspended by the District Court after she had agreed to enter a bond to observe building regulations.
Ms Underwood had been convicted on two counts of breaching the Act in relation to the unauthorised construction of a four-storey extension at the rear of a North Great George's Street Georgian house next door to Senator David Norris's home.
The District Court, on November 5th, 1993, convicted Ms Underwood, but the judge suspended two consecutive three-month jail sentences imposed against her on her entering a £10,000 bond, together with a surety by her husband for £25,000, to keep the peace.
Ms Underwood had been charged with failure to serve on the planning authority commencement notice in respect of works carried out on the premises and failure to furnish information to and allow an inspection by Dublin Corporation.
Ms Carol O'Farrell, counsel for the corporation, said Ms Underwood had failed to honour two undertakings given in her bond - to agree a schedule of dilapidation with the planning authority and to carry out refurbishment works on the property within a period of 12 months from entering the bond.
As a result of breaching these undertakings, Dublin Corporation had re-entered the proceedings in 1997 and the District Court judge had ordered forfeiture of the £35,000 bond.
Ms Underwood said the unauthorised development had been demolished at North Great George's Street. The house had since been leased and renovations valued at £350,000 had been carried out under the lease agreement.
Judge White reserved judgment.