Judge directs release of businesswoman jailed for contempt

A businesswoman has been released from custody after she apologised to the High Court and undertook not to interfere with the receivership of eight properties owned by her and her husband.

Wendy Whitty and her husband Scott Dyer had obtained mortgages in respect of the properties from AIB, which appointed Siobhán O'Dwyer as receiver over the properties in 2015 after the couple failed to pay a demand of €747,000.

The couple have at all times disputed the validity of the receiver’s appointment. Ms Whitty was jailed earlier this week by Ms Justice Leonie Reynolds for contempt over failing to comply with undertakings given by her to the court last month not to interfere with the properties or collect rent from tenants there.

In a letter later sent by her to the court and others including the President of Ireland, politicians and judges, she challenged the court's jurisdiction, claimed the undertakings had been given under duress and "duress voids all contracts".

Arising out of her resiling from the undertakings, she was remanded in custody by the judge on Thursday afternoon. On Friday, Ms Whitty, a mother of four of Kilbrainey, Gusserane, New Ross, Co Wexford, having obtained legal advice from a solicitor, apologised to the court and promised to co-operate with the receiver.

Co-operation

Her solicitor Martin Lawlor, who had agreed to represent Ms Whitty on Friday, said she was sorry for her actions, wished to purge her contempt and would now co-operate with the receivership. Mr Lawlor said it was accepted sending the letter "full of jibber jabber" to the court and others was "stupid".

Ms Whitty did not accept she had interfered with the receivership since giving the undertakings, he stressed.

Brian Conroy, for the receiver, said his client maintained there had been "clear interference" with the receivership. After the undertakings had been given, a demand was made on some tenants to pay rent to a "sham" company that was a front for the couple, he said.

Ms Justice Reynolds said she was satisfied to direct Ms Whitty be released from custody on foot of her sworn undertaking on Friday not to interfere with the properties. Ms Whitty also agreed to write to the tenants informing them rent is to be paid to the receiver.