A man released by the High Court on Monday after spending some 240 days in prison for defiance of court orders over a home repossession appears to be back in the house, a judge was told on Wednesday.
Owen Ryan’s former home at Moat Quarter, Kilfeacle, Co Tipperary, is now owned by Mars Capital Finance DAC over failure to pay a €402,000 mortgage debt.
Mars took possession of the house in July 2024 following a court order. But Ryan, or others, returned to it and gained possession, leading to Ryan’s imprisonment last July for contempt of court by repeatedly refusing to obey orders not to return.
During numerous appearances since then, Judge Brian Cregan has given Ryan opportunities to purge his contempt. However, he refused to give an undertaking that he would not attempt to get back into the house.
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On Monday, a barrister for Mars informed the judge the house had been sold and they were no longer seeking Ryan’s imprisonment.
The judge ordered his immediate release.
On Tuesday, a lawyer for Mars informed the judge there appeared to be someone in the house who was refusing to answer the door.
Mars was seeking guidance from the court as to what steps could be taken by An Garda Síochána in relation to the previous order committing Ryan to prison.
On Wednesday, Rudi Neuman, counsel for Mars, argued a committal to prison order would be rendered meaningless if someone could just “evade it by not opening a door”.
The judge told him the solution appeared to be that, as the house was now no longer owned by Ryan, the locks could simply be changed with gardaí present.
The gardaí could then be invited into the house to effect the arrest of Ryan in compliance with the court order. The court could be updated at any time in relation to what happens, the judge added.
