Wednesday, May 27, 2015

A SUSPECTED arson attacks on a farm in Irishtown, outside Athy was connected to a bid to buy land at the centre of an ongoing dispute, the High Court heard last week.

The court was told that the owners of the farm where the arson attack had taken place had agreed to buy land at the centre of a dispute between a Castledermot farmer and a bank-appointed receiver.

Mr Justice Paul Gilligan was told that the family whose property was attacked had withdrawn from a deal to acquire land owned by Paul O’Shea at Davidstown, Castledermot.

Mr O’Shea was before the court over alleged contempt of an order granted last December compelling him to hand over possession of buildings to the received appointed by Danske Bank in 2012 over two fields owned by Mr O’Shea and put up as security on a 2003 loan. Default on that loan led to the bank getting judgment for €1.29 million against Mr O’Shea.

Stephen Byrne, for receiver George Maloney, told the court that while they were not alleging Mr O’Shea was involved or had anything to do with those matters, the incidents were “clearly linked” to the dispute concerning Mr O’Shea’s lands.

The first incident occurred the previous Tuesday when, in the early hours of the morning, a petrol bomb was thrown through the window of a house where a woman in her 80s was asleep.

The second occurred during the early hours of Monday 18 May when a milking parlour, shed, and farm machinery at the same property were destroyed in a fire. Five cows were burnt to death.

Giving evidence, Garda Superintendent Martin Walker said the two matters were the subject of ongoing garda investigations.

Regarding the first incident, Supt Walker said an “improvised Molotov cocktail” had been thrown through the window of a house occupied by an elderly woman. Luckily her son was there to put out the fire, he said, adding that two unused petrol bombs had been found at the scene.

In the second incident, it was already estimated at least €60,000 worth of damage had been done. That figure was expected to rise, Supt Walker said. Both attacks were at properties owned by a family who had agreed to buy Mr O’Shea’s land from the receiver.

Details of the attacks were outlined in proceedings brought by Mr Maloney aimed at securing possession of the sheds on Mr O’Shea’s property.

Attempts by Mr Maloney, of Tilly, Ryan, Glennon, to take possession had been met with opposition from Mr O’Shea and other parties including anti-eviction activists, he said. Arising out of this, Mr Maloney wanted Mr O’Shea committed to prison for alleged contempt of court.

Mr O’Shea said he could not hand over the sheds as that would allow the receiver sell his family farm. He disputed the validity of the receiver’s appointment and argued he was not entitled to possession of his lands.

Mr Justice Paul Gilligan, who said he was not taking the incidents being investigated by the gardaí into account, warned Mr O’Shea he could f\ce prison unless possession of the sheds was handed over to Mr Maloney.

At the Wednesday sitting of the High Court  Mr O’Shea made an undertaking to comply with orders to hand over the farm buildings to a bank-appointed receiver.

He was told by Mr Justice Paul Gilligan he had 21 days to hand over vacant possession and could apply later for an order restraining sale of the buildings, and certain lands, pending a full hearing of the dispute between himself and the receiver.

When Mr O’Shea said there was a lease on the buildings and he could not remove the property of the leaseholder from the buildings, the judge noted Mr O’Shea was not entitled to enter into a lease without prior written consent of Danske Bank and there was no such consent.

It was agreed the receiver would access the property via the fields and not the driveway to Mr O’Shea’s family home. That home is not subject to the receivership.

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