Des McGreal: declared mentally unfit to defend himself in court

A 73-year-old pensioner has been evicted from his sheltered accommodation following a bitter disagreement with management.


Des McGreal has been told he has two months to leave following a court application last week, despite a psychiatric report saying he is not mentally fit to defend himself or even be in court.


The distraught pensioner was also refused legal aid for his case and could not mount a defence in court.


Despite the order, McGreal has vowed to fight the eviction all the way to the European Court of Justice.


The Clúid Housing Association in Galway – a non-profit social housing charity – took legal proceedings against its tenant following a protracted stand-off over issues to do with the accommodation.


McGreal has argued that he had been "bullied and intimidated" as a result of tensions between himself and management.


Clúid declined to comment but a spokesman previously said McGreal had been offered alternative accommodation which he had declined.


"The age of the man is enough to make sure that we are painted as the big bad wolf, but I can assure you that is very far from the truth," he said.


A consultant psychiatrist from the Health Service Executive (HSE) wrote to the court saying that McGreal was in no fit state to attend or participate.


"We feel that, in his present state of mind, attending court would have an adverse effect on Mr McGreal, who would not be mentally fit enough to defend himself without legal support," the letter stated.


The doctor went on to note McGreal had been denied legal aid and appealed for an adjournment in order to assist in appealing the decision.


"We respectfully ask the presiding judge to grant him an adjournment of his eviction case. We believe this will serve 'natural justice'."


The Legal Aid Board declined McGreal's application as it is prevented from granting assistance for disputes "concerning rights and interests over land".


In response to a query from TD Noel Treacy, Galway County Council confirmed that if a tenant is evicted from a housing agency accommodation, "the council would not have any obligation to place them on the housing waiting list or offer any form of accommodation to them".


McGreal said he is angry that the letter from his doctor was not taken into account and said he was unable to remain in the court to listen to the proceedings.


"I am not in a fit position to defend myself. I am not in any position to challenge anything. I am not a solicitor," he said.


"I was steamrolled here. They will have to send me a letter now saying that they have to evict me, but I have two months to leave.


"As well as that I am going to appeal and that could take another three months."