A RETIRED construction worker who has been in dispute for years over the amount of the pension paid to him by the construction industry has been restrained by the High Court from besetting the offices of the pension administrators.
The order is against Michael Gallagher, of Adderwell, Doochery Post Office, Donegal, who told the court yesterday that his pension had “gone up in smoke” and he felt there was no law for him at all.
The Construction Workers’ Pension Scheme trustees brought an application before Ms Justice Mary Laffoy yesterday seeking Mr Gallagher’s committal to prison for breach of previous High Court orders restraining him from trespassing or causing a nuisance to the scheme’s offices at Canal House, Canal Road, in Dublin.
Mr Gallagher, who is hard of hearing and walks with the aid of a stick, undertook before Ms Justice Laffoy to obey the previous orders. Mr Gallagher, who represented himself, has been in dispute for many years with the scheme over the size of his pension.
Ms Justice Laffoy made permanent previous orders restraining him from causing a nuisance and warned Mr Gallagher that, if he disobeyed the order this time, she would have no option but to send him to jail.
Counsel for the scheme, Gary McCarthy, said the proceedings had a long history and Mr Gallagher had been the cause of many complaints, including one relating to when he chained himself to the front door of Canal House.
Mr Gallagher had a history of refusing to pay any regard to a number of orders made against him by the High Court, Mr McCarthy said. He had banged on the door of Construction House with a walking stick and made rude signs at a receptionist.
He had also prevented staff and customers from entering or leaving the buildings on different occasions over the years, counsel said. Mr McCarthy said that the frequency of these acts had recently increased and Mr Gallagher’s behaviour had become more aggressive and even violent.
On May 29th last, he had tried to barge through the gate entrance. When security tried to prevent him from entering, Mr Gallagher “lashed out with part of his stick”, grabbed a guard around the neck and caught hold of his shirt.
Patrick Ferguson, chief executive of the scheme, said in an affidavit that, as he was leaving the office on June 12th last, Mr Gallagher struck him on the shoulder and the back of the head with a stick. Mr Gallagher then followed him down the street shouting obscenities, Mr Ferguson said.
Mr Gallagher gave an undertaking to court yesterday to comply with the order prohibiting him from causing a nuisance.
He told the judge he understood he was breaking the law, but said that he felt there was no law for him. His pension had gone up in smoke, he added.
