Judge tells man he was close to being jailed over Christmas as he puts stay on sentence

A judge has put a temporary stay on a two-month prison sentence imposed on a car dealer found to be in flagrant breaches of court orders and an undertaking prohibiting him from interfering with the work of a receiver.

John Alex Kane (47) failed to appear in the High Court for the contempt hearing last November, claiming to be isolating and awaiting a Covid-19 test.

Mr Kane, from Granard, Co Longford, was accused of being in contempt of court orders not to intimidate or frustrating the work of Myles Kirby, a receiver appointed by the Revenue Commissioners in 2017.

Mr Kirby has been attempting to sell off 14 properties belonging to Mr Kane in a bid to satisfy a €4.9m judgment the Revenue secured in 2009 over the non-payment of tax on car sales.

Despite his failure to appear last month, the case proceeded in his absence and Ms Justice Miriam O’Regan ordered that Mr Kane be committed to prison for contempt.

Mr. Kane returned before Thursday’s vacation sitting of the High Court, when his lawyers asked Mr Justice Brian O’Moore to put a short stay on Ms Justice O’Regan’s decision.

His counsel Niall Flynn Bl said stay was being sought to allow his client lodge an appeal against the order committing him to prison.

Counsel said that while he and his instructing solicitor had come into the matter at the eleventh hour, his client wished to appeal the order to the Court of Appeal.

He would also be seeking an extension of time to bring his appeal, counsel added.

Mr Kane had been unable to attend court on the previous occasion due to a concern over Covid19 and was unable to log on remotely due to a technical issue, counsel said.

His client is a married man with children and his liberty was at stake, counsel said.

The application for a stay was initially opposed by Gary McCarthy SC for Mr Kirby.

He said that the application was most unsatisfactory, had come late in the day and that the time allowed for Mr Kane to lodge an appeal had expired.

It was also Mr Kirby’s case that Mr Kane, had “fled the jurisdiction”, counsel added.

However, following out of court discussions between the sides Mr McCarthy said his client did not oppose a short adjournment to allow Mr Kane to make a formal application before the High Court for a stay.

A condition of the agreement was that Mr Kane give a sworn undertaking before the court not to leave the jurisdiction until the proceedings have been resolved.

After Mr Kane gave the undertaking Mr Justice O’Moore adjourned the matter to January 10th next, before Ms Justice O’Regan.

He said Mr Kane must have all his paperwork concerning the stay application furnished to Mr Kirby’s legal team by the end of the month.

The Judge also told Mr Kane that allegations of contempt of court are “very, very serious matters” and added that he (Kane) had come close to being jailed over the Christmas holidays.

A tight deadline regarding the exchange of legal documents had been put in place, the Judge said, that needs to be adhered to if the application for a stay is to proceed as planned.

Previously the High Court heard that Mr Kirby claims that Mr Kane has tried to intimidate prospective buyers, and has engaged in criminal damage, arson and attempts to poison animal feed and milk.

Mr Kane denies the allegations.

He was previously held in contempt of court by the then President of the High Court, Peter Kelly, in July 2019 but a stay was placed on a two-month jail term after Mr Kane gave undertakings not to interfere with Mr Kirby’s work.

Last November Ms Justice O’Regan said she was satisfied to activate the sentence, and that Mr Kane’s attendance had not been adequately explained.