Arrest Warrant Issued for Former Garda Over Unauthorised Connemara Home
Judge orders arrest after defendant fails to attend court regarding a decade-long planning dispute.
1Bench Warrant Issued
Judge Brendan O’Reilly issued a bench warrant for 83-year-old Brian DeCourcey after he failed to appear at Derrynea District Court. The defendant, a former garda, faces ongoing legal action regarding an unauthorised structure in Connemara. The judge emphasized that the case has been significantly frustrated by the defendant's repeated non-appearance in court.
2Decade-Long Planning Dispute
The legal conflict concerns a 136-square-meter steel shed converted into a residence in Rossadillisk, Cleggan. Galway County Council first initiated enforcement proceedings regarding the structure a decade ago. Despite multiple court orders, the building remains standing on a site overlooking Cleggan Bay, defying a 2015 refusal for planning retention application.
3History of Non-Compliance
The matter first reached the courts in November 2016, resulting in an enforcement notice for demolition. In 2018, Judge Mary Fahy ordered the structure's removal, a directive that was ignored. By 2024, the court escalated the matter, ordering a five-day prison sentence for the defendant should he continue to fail to comply.
4Disputed Medical Excuses
Defense solicitor Dermot McDermott requested an adjournment on Thursday, citing a medical appointment for his client. However, barrister Alan Ledwith argued the appointment was scheduled for the afternoon, leaving no reason for absence. Judge O’Reilly noted the defendant had specifically accepted a medical appointment for the same day as the hearing.
5Council's Enforcement Stance
Galway County Council maintains that the defendant has the financial means to demolish the shed. Authorities previously alleged that expensive stone cladding was added to the steel structure after enforcement proceedings began. The council continues to pursue a committal to prison as the defendant has failed to adhere to legal mandates.
6Judicial Frustration Expressed
Judge O’Reilly rejected pleas for leniency based on the defendant's age and health. He noted that the defendant was younger when the initial 2018 order was issued and has had years to comply. The judge stated that the bench warrant stands, noting that the case has been stalled by the defendant's actions.
7Financial Costs Settled
Despite the ongoing defiance regarding the structure's demolition, legal representatives confirmed that the defendant has paid 1,750 euros in costs to the county council. This payment represents a minor resolution within the broader, long-standing dispute that has occupied the local district courts for several years without reaching a final physical conclusion.
8Next Steps for Authorities
The execution of the bench warrant is now a matter for the Gardaí. Judge O’Reilly indicated that if the warrant is executed promptly, he could address the matter before the next scheduled hearing on January 14th. The court remains focused on resolving the decade-old planning violation through these formal legal enforcement mechanisms.