The European Court of Human Rights (ECHR) has rejected a couple’s application to urgently intervene in proceedings over their illegally built home in Co Meath.
The application to the Strasbourg-based court by Michael (also known as Chris) Murray, and his wife Rose, was made before the full demolition of their home at Bohermeen last week on foot of orders of the Irish courts.
The urgent intervention application was made earlier this month with a view to stalling demolition works by Meath County Council, but Judge Richard Humphreys ruled last Thursday the making of the application did not prevent the works proceeding.
He told solicitor Neil McNelis, for the couple, his experience is such interventions by the ECHR are rare but, if the situation changed, the court should be informed.
The urgent preliminary intervention was sought before the ECHR deciding on the couple’s substantive application for a hearing of their claims of violations of human rights. The ECHR has yet to decide if their substantive case is admissible.
The couple’s five-bedroom house has been completely demolished but works to restore the site to agricultural lands are continuing.
The High Court had on March 16th made orders allowing gardaí to assist the council in accessing the property and the council confirmed later that day the property was secured.
On Monday, the Murrays gave sworn undertakings to the High Court not to interfere with the continuing works.
The luxury 588sq m house was built 20 years ago without planning permission after the couple were refused permission by the council in June 2006 to build a house half that size.
On Monday, in addition to undertaking not to interfere with the council’s works at the site, the couple gave sworn undertakings to assist gardaí in an investigation into alleged threats made by unidentified third parties earlier this month to a subcontractor and a security firm.
The demolished ruins of the house. Photograph: Alan Betson
Those companies were engaged to assist in the council’s demolition of the house but ceased work there following the alleged threats, the court heard.
The couple knew nothing of those threats and “totally disassociated” themselves from such acts, McNelis said.
The couple’s undertakings were provided as a condition of the judge discharging an attachment order under which they were arrested outside court on Monday to appear before the judge to answer his March 9th finding of contempt made against them.
The council had argued they were in contempt of earlier undertakings to provide vacant possession of the property so the council could demolish it.
The court has adjourned separate applications by the Murrays in which they deny contempt of those undertakings, provided in 2020 with a stay to September 2022.