Bank of Ireland has persecuted us for five years, Brian O’Donnell tells court

Solicitor Brian O'Donnell claims he and his wife have paid €700 million to banks worldwide, but Bank of Ireland is the only one to have "persecuted us for five years".

Mr O’Donnell made the claim in opposing the bank’s High Court application that requires him and his wife, Dr Mary Patricia O’Donnell, to peacefully give up possession of the former family home, Gorse Hill, Killiney, Dublin, to a receiver appointed by the bank in relation to a €71.5 million debt partly secured on the house.

After hearing arguments from both sides, Mr Justice Brian McGovern reserved his decision.

Mr O’Donnell, in opposing the bank’s application for an injunction, said that while he knew businessman Jerry Beades of the New Land League “as a friend”, he had not authorised any statements made by its members over the past few days.

He said a car parked in front of the gates of Gorse Hill was to prevent people rushing into the property, as occurred on Wednesday.

He denied he was doing anything to frustrate receiver Tom Kavanagh who was due to take possession last Monday.

He was speaking in response to submissions by Cian Ferriter SC, for Bank of Ireland.

Mr Ferriter said he was entitled to the injunction because the O’Donnells were simply engaged in “a tactical manoeuvre” to frustrate lawful efforts to take possession, having “barricaded themselves and holding out a spurious right to remain there”.

The O’Donnells’ true family home is in Surrey, England, where they have lived for the past three years and from where they “flew in at the weekend” to move into Gorse Hill, counsel said.

Given that the “barricades had now been breached” and people were going into the property, the bank was concerned for the security of the premises, Mr Ferriter said.

The granting of an injunction for possession was absolutely urgent for the upholding of the integrity of the administration of justice and the rule of law, he said.

In response, Mr O’Donnell, denied that they had barricaded themselves in and said they had to block the doors because on three occasions “there was a rush of people through the gates running around the garden”.

Browne’s posse

There were 65 members of the press outside, and on one occasion broadcaster Vincent Browne “led a posse through when the gates were opened”, he said.

The judge asked Mr O’Donnell if he had told Mr Beades to desist from putting out press statements on his behalf, particularly as he must know as a solicitor how unwise it was to do so while proceedings were underway.

Mr O’Donnell replied: “No, I do not, I am not with every person who is a member of an organisation. They have a right to free speech and I have no control”.

The judge told him that nobody has a right to try to influence court procedures or influence the rule of law.

“I am not doing that,” Mr O’Donnell replied.

Mr O’Donnell said he and his wife were concerned about their safety as a security company called AOC Security Solutions had been brought in by the receiver.

He wanted to cross-examine the receiver about that and also cross examine a Bank of Ireland official who had sworn the main affidavit seeking the injunction against them.

The judge also reserved a decision in relation to those applications.

Earlier, Mr O’Donnell said the bank has known about the right of residency enjoyed by him and his wife at Gorse Hill for the past 15 years, and particularly in the last three years since this litigation began, but that the bank had not made any application to the court in relation to it.

The court heard that Bank of Ireland disputes that right of residency claim.

No rush

Mr O’Donnell said there was no urgency in granting possession as their continued occupation was to the benefit of all concerned.

It was “absolute nonsense” to say there was an urgency about getting Gorse Hill, he said.

He said the bank has never told him how much of their debt has been recovered from the sale of 11 properties in Ireland, the UK and France, which were also part of the securities.

“We do not know how much they have got from the assets they have taken because they have not told us anything,” he told the court.

These assets include two properties overlooking Lough Corrib in Galway and three buildings in Merrion Square, Dublin, from which there was an annual rent of between €600,000 and €700,000, he said.

A premises known as the Sanctuary Building in London had also been sold for €32 million and the bank received that money.

“We have paid €700 million back to banks worldwide and the only bank we have had a problem with is this bank, which has persecuted us for five years.”