Kildare landlord has not engaged in mediation with neighbour over noisy tenants

Confronted students over music

By Leinster Leader Reporter

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Kildare landlord has not engaged in mediation with neighbour over noisy tenants

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A landlord linked to a case in which a 45 year-old Maynooth man made threats to noisy neighbours has declined to get involved in a restorative justice procedure, Kilcock District Court was  told on December 4.

 

On October 2, Justin O'Keefe of 23 Greenfield Drive, Maynooth,  agreed to get involved in a restorative justice plan after he was prosecuted following threats over noise levels at a house next door.

He agreed to take part in mediation process between himself and the noisemakers next door.

In October, the Court heard that Mr O'Keefe, wanted noise reduced at a rented house next door to him. He lost his temper with the tenants, threatening  damage, but did not follow through on his threat.

He was charged with threatening to damage property at 22 Greenfield Drive on November 26 2017 as well as trespassing.

Mr O'Keefe, who is  represented by solicitor, David Powderly, pleaded guilty to the charges at the outset.

He had confronted students next door about the noise and  threatened to break up a music system but it was verbal and he did not do so. 

The 45 year-old has no previous convictions. The Court heard there had been a history of noise and Mr O'Keefe had called the Gardai previously. On October 2 last Judge Zaidan asked why the State prosecuted Mr O'Keefe but not others for a breach of noise regulations.

He was told Mr O'Keefe could bring a case in the District Court under Section 108 of the Environment Protection Act but the Gardai could not force people to turn down music at 1am in the morning.

Judge Zaidan said (in October) that Mr O'Keefe,  was “pushed to extremes” and legal action by him could be very costly for him, but also costly for the landlord.  

“He (landlord) has some responsibility,” said Judge Zaidan.  He suggested a “restorative justice” solution supervised by the Probation Services with Mr O'Keefe offering to meet the tenants.

 Judge Zaidan said  the “landlord has to engage.” But on December 4 he was told the landlord had not engaged and  the tenants in question had now left.

The Probation Services said it needed another 12 weeks to try and complete the restorative justice programme. 

The case has been adjourned at Naas District Court to  March 5 next.