A High Court judge has agreed to view video footage that a man says entirely undermines “malicious” claims made by a debt purchasing firm that has an order for possession of his home.
Joseph Kennedy does not contend he is legally entitled to be in his two-bed house at Brackendown, Portrane, Co Dublin, but submitted Everyday Finance DAC should not be entitled to orders it seeks on the basis of “lies” in its affidavit.
Everyday Finance, which disputes his contentions, wants the court to make an order restraining Mr Kennedy, his son David Kennedy and anyone else from occupying the property. The court is due to rule on this application on Thursday.
It says it took possession of the house last month following sanction from the court. Its entitlement arose out of its purchase of an AIB mortgage that was taken out by Joseph Kennedy and his estranged wife and which is in default.
A security guard swore an affidavit as part of the firm’s claim that Mr Kennedy reoccupied the property earlier this month.
Mr Kennedy’s barrister, Cillian McGovern, told the court on Wednesday his client accepted he had shown no legal basis for occupying the home but objected to a “series of inaccuracies” in the firm’s affidavit.
Mr McGovern said “lies have been told”, resulting in the lowering of his client’s reputation. The court had been misled and his client’s video footage would prove “without a shadow of a doubt” that the affidavit used by Everyday Finance was a “fabrication”, he said.
Keith Rooney, for Everyday Finance, said Mr Kennedy’s position was “unstateable” and his client “stands over” the affidavit. To refrain from granting his client the order sought would work to “incentivise a breach of court orders”, he submitted.
Mr Justice Rory Mulcahy said he would view footage gathered by Mr Kennedy in advance of delivering his decision on Thursday morning. He noted Mr Rooney’s contention that the footage had been selectively edited.
In an affidavit, Joseph Kennedy says CCTV and video footage from a body camera worn by his son David serve as a “true representation” of the events that unfolded last July 8th and 9th. He says the firm’s allegations of aggressive and violent behaviour are inaccurate.
He alleges he was defamed on foot of the publication of “malicious averments” in the affidavit used by the firm.
He disputes Everyday Finance’s claim that he had accessed the home under the pretence of looking for a guitar.
Setting out a contrary set of events, he alleges a security agent was not visible at the home for more than 24 hours and it appeared to be abandoned. He and his son went to Swords Garda station at about 4pm on July 9th to inform gardaí that no one was present at the house and they were going to enter, he says.
They arrived at the property about 7pm and it appeared another person was present who did not identify as an employee of Blackwater Asset Management security services, he claims. He says the man left shortly afterwards.
“I have occupied the home in the hope of negotiating to purchase it,” he says, adding that he has an affinity with the property and the area.
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