Bail for woman earlier jailed for contempt over repossession

Claire Knowles told to stay away from her Co Cork home pending outcome of legal challenge

A woman jailed for contempt of a court order directing she hand over possession of her Co Cork home to a bank has been freed on bail by the High Court.

Claire Knowles (56) was jailed on Tuesday over her failure to comply with orders obtained by Bank of Ireland over the property at The Pines, Castlejayne Woods, Glamire.

She was brought to Limerick Prison where she was held until she was brought before the High Court on Thursday for an inquiry into the legality of her detention.

The inquiry, under Article 40 of the Constitution, was sought on her behalf by anti-eviction campaigner Ben Gilroy, who said he had assisted Ms Knowles in previous court cases relating to the repossession.

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Following a hearing, Mr Justice Richard Humphreys ordered her release on her own bail of €100, with a condition she stay away from her home, pending full determination of her legal challenge.

She is to come back to court next Monday.

The judge ruled the governor of Limerick Prison was obliged to go behind the reasons for her detention.

The judge refused to join Bank of Ireland as a notice party in this case and said the State would have to justify the legality of the detention. In those circumstances, the judge adjourned the inquiry to allow that occur.

In the meantime, he granted bail to Ms Knowles who was supported in court by a large number of people.

Earlier, Remy Farrell SC, for the prison governor, said his client had no relationship, legal or otherwise, with Bank of Ireland.

He could not compel witnesses to attend court or provide documentation in order to justify the reasons for committing her to prison, counsel said.

Ms Knowles told the court she was too traumatised to make the case because she had been in Limerick Prison and wanted Mr Gilroy to do it for her.

The judge ruled it was established case law only the person detained could make the arguments before the court or could employ a qualified lawyer to do so.

Following an adjournment to allow the judge consider the law on representation in such cases,  Ms Knowles said she was a little more composed and would present it herself.