Sunday 4 December 2016

Shopkeeper claims he was assaulted and racially abused during eviction

Aodhan O'Faolain

Published 15/01/2016 | 17:44

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A REPAIR shop operator claims he was assaulted and racially abused when being evicted from his premises by people claiming to act on behalf of the landlord, the High Court heard.

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Bedr Garzaldin says he has operated the 'Sharfix' domestic appliance repair store at Windmill Road, Crumlin, Dublin, for the last 16 years.

He claims that earlier this week he and his assistant were assaulted, and racially abused before being evicted from the store last Monday by "ten physically imposing individuals".

It is claimed they were acting on behalf the property owner and landlord Brian Smith with whom there had been a dispute over rent.

Mr Garzaldin claims his landlord has no entitlement to put him out of the shop, and his eviction is unlawful.

At the High Court today, Richard Kean SC, for Mr Garzaldin said he was seeking various orders including injunctions against Mr

Smith, of Puddenhill, Co Meath, as well as against his son Brian Michael Smith, of Killary, Lobinstown, Co Meath.

Mr Justice Paul Gilligan granted Mr Garzaldin, of Ellensborough Copse, Kiltipper Road, Tallaght, Dublin, permission to serve short notice of the proceedings on the defendants.

In response to a question from the judge, Mr Kean said a complaint has been made to the gardai about the incident.

The judge said the case could come back before the court next Tuesday.

In a sworn statement,  Mr Garzaldin said he and Mr Smith were involved in a High Court action in 2013 following a dispute over the payment of rent.

Those proceedings were settled in 2014 on terms including that Mr Garzaldin would purchase the property.

That deal has not been concluded and Mr Garzaldin says earlier this month he was informed by Mr Smith the locks on the business had been changed.

He said on Monday last, he was shocked when he and the man working for him were racially abused by the men who he said told them to get back to their own country and in "this fucking country you must pay the bill."

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