The case, due to be heard in Glasgow's Sheriff Court yesterday,
was postponed while Quinn's legal team sought legal aid to pay for
advocates. The case will determine whether or not Quinn can
continue to live in his rented flat. GNHA claims that the site is
affecting its staff and that Quinn's alleged publishing of it
constitutes anti-social behaviour.
"I have seen housing association tenants put a baseball bat over
somebody's head, I've seen drug dealing, these are actions that are
threatening life and this is an electronic thing on the internet.
If they don't like it they don't have to look at it," Quinn told
OUT-LAW. "To evict someone from their home over this is
overstepping the mark."
Quinn said that he has not operated the website since last
April, when he promised the Sheriff Court that he would stop
operating it after GNHA obtained an interim interdict (known as an
interim injunction outside Scotland). He passed control on to other
local residents, he said.
"I communicate with them like I would communicate with anyone,
and I don't think that's breaking the law. It's down to the website
if they want to publish it, the onus is on them," he said.
The site, aboutnorthglasgowha.com is a heated display of residents'
extreme dissatisfaction with the behaviour of GNHA and its
director, Robert Tamburrini.
The GNHA provided OUT-LAW with a statement. It said: "We have
taken appropriate action against this individual on grounds of
harassment and anti-social behaviour. We have a duty to protect the
rights of other tenants, committee members and staff who have been
subjected to a continuous campaign of vexatious and unreasonable
behaviour. The matter is now subject to legal proceedings and it
would be inappropriate to comment further at this stage.”
Communities Scotland regulates housing associations, but it does
not appear to have taken action in response to the complaints made
by Quinn. In a statement to OUT-LAW it said: "Mr Quinn has raised
various issues with Communities Scotland. We advised him to talk to
his landlord and seek suitable legal advice. It is not appropriate
for Communities Scotland to comment further on a complaint where
legal action is underway.”
Solicitor and housing law lecturer Mike Daly of the Govan Law
Centre will represent Quinn. "In 12 years of housing law I have
never seen anything like it," said Daly.
He will argue that the move is in breach of the Human Rights
Act. "The Act applies because the housing association takes public
money, and because it houses homeless people and is regulated by
the Housing Scotland Act and is a regulated social landlord."
The dispute began when Quinn published a photograph of
Tamburrini, who then called the police, according to documents
relating to Quinn's defence. "When the pursuers’ director saw this
photograph it is understood he contacted the local community police
officer, PC Derek Cavanagh, to demand that the defender be charged
because he felt he appeared as unprofessional, lazy and uncaring,"
the documents say.
The defence will centre on Quinn's right to freedom of
expression, his right to respect for his home and to respect for
his property rights, all contained in the Human Rights Act, said
Daly. That Act says that a public authority must not behave in a
manner contrary to that Act.
Quinn claims that repairs to his flat are not being carried out
and that an enormous amount of antisocial behaviour in GNHA areas
does not attract any action by the GNHA. He also says that when a
fatal stabbing occurred in his close and he asked the housing
officer present to ensure that the blood was cleaned up, she
laughed at him. "It's quite distressing, there are still blood
stains on the close. She was more concerned that the person who
committed the murder will could come back his flat. I will never
forget the sight on that lady's face," he said.
"I have written to the Scottish Executive, to the First Minister
Jack McConnell and the Justice Minister but my complaints seem to
be falling on deaf ears," said Quinn.
GNHA cannot evict Quinn without an order from the Sheriff Court.
The case, due to be heard yesterday, has been frozen while legal
aid is found to pay for advocates, said Quinn.
