A FAMILY living in the lap of luxury despite being on benefits are to be thrown out of their home.

A judge made an order for possession on the Garden Street home of Janis and John Gabriel and their three sons after a catalogue of alleged threats, intimidation, harassment and violence.

Mrs Gabriel, 49, a mother-of-seven, already faces a possible

jail term after being convicted of money laundering.

A court had heard police found £18,450 - the profits of crime - stashed away in two raids on the Calico Housing Association-owned property last summer. Despite claiming state handouts the family had a swimming pool, sauna and 42 inch plasma screen television among expensive features and fittings.

And Recorder Thomas Ryan, sitting in Burnley's County Court, said he was satisfied the family were guilty of conduct likely to cause nuisance and that the property had been used for illegal purposes.

He said: "It is clearly in the public interest that the tenancy of the Gabriels be brought to an end as soon as may be, so that some semblance of peace can be restored to the estate."

He said he found Mrs Gabriel's claim that the money found was from savings and bingo winnings "completely incredible."

Recorder Ryan also ordered Mrs Gabriel, whose family receives £2,500 a month in benefits but whose housing benefit was stopped last Friday after she was found guilty of two charges of possessing criminal property, to pay £4,726 in costs.

Housing association Calico- formerly Burnley and Padiham Community Housing -had applied to take possession of the Gabriels' home, because of what they said were "ongoing breaches of tenancy."

At the civil hearing it was revealed that when police searched the Gabriels' home the Armed Response Unit was called in. Officers found guns, drugs, weighing scales, knives and police batons and, it was alleged, evidence of money lending.

Some of the firearms were imitation but there was a working air pistol and blank firing pistol.

Mrs Gabriel, who has protested her innocence over the cash finds and plans to appeal against her convictions, claims there were no guns or drugs even though she had earlier admitted in the presence of a solicitor there were.

The court heard had been told of many complaints going back over the years against the family neighbours lived in fear of the family but were too scared to go to the police and none were prepared to sign a witness statement or attend court.

And 'John Boy' Gabriel, 30, the eldest son, who lives next door to his parents, was said to have "intimidated," residents to sign a petition supporting his parents' battle to stay.

One woman who was asked to be a witness at the proceedings refused because it was said she feared for her life.

Mrs Gabriel, who was accused of trying to run over a woman, her boyfriend and child in her car, told the court none of the allegations against her family were true. She claimed they were down to a feud with her brother who she was last October convicted of attacking, but who she had tried to call a truce with.

The court was told how the Gabriel family moved into Garden Street in August 1992. Complaints of alleged anti-social behaviour by them had been made since 1983 they had been warned about their conduct but had not tried to curb their behaviour.

Some residents of Garden Street had complained their privacy had been invaded by the Gabriels' CCTV camera, erected on a pole outside their house "zooming" into their homes. It was alleged John Gabriel was lending money to single mothers and taking their benefits books.

Deirdre Purcell, counsel for Calico, told the court the Gabriels' rent had been paid by the public purse while they lived at their house off the proceeds of crime.

She continued:"It would be contrary to public interest if they were allowed to live there whilst living on public money. It should be let to people who genuinely merit public housing and do not abuse the system."

Miss Purcell added the Gabriels were currently £211 in rent arrears after the housing benefit was stopped and they probably would not pay rent if they allowed to stay at Garden Street.

A spokesman for Calico said: "We are delighted the judge has awarded Calico possession and we will be applying to the court immediately for the bailiff to execute the warrant."