Farmer undertakes not to trespass on Wexford lands

A man has agreed before the High Court to comply with orders not to come within 100 metres of lands in Co Wexford.

John Kinsella, who was brought by gardaí to the High Court on Wednesday having been arrested earlier under orders of the court, was released from custody after getting a two week adjournment of attachment and committal proceedings brought against him over alleged contempt of court orders.

The adjournment was granted by Ms Justice Caroline Costello after Mr Kinsella, who was not legally represented, sought time to consider the legal documents in the case and gave a sworn undertaking to comply with the orders pending the matter returning to court next month.

Vegetable grower John B.Dockrell Ltd had previously secured orders preventing Mr Kinsella, Ballywilliamroe, Marshalstown, Enniscorthy, coming within 100 metres of lands at Lodgewood in Ferns, interfering with the plaintiff's quiet enjoyment of the property or blocking any entrances to the lands.

The company, represented by Benedict Ó Floinn BL, sought those orders because it was unable to access approximately 150 acres of lands in Ferns purchased by it in June 2017 due to Mr Kinsella’s alleged actions. The company of Monroe, Screen, Enniscorthy, claimed Mr Kinsella had entered the land without its permission and illegally ploughed them.

It also claimed gates have been chained and large concrete blocks impede movements on the lands and vehicles were used to block the entrance to the lands from the outside.

Large signs referring to “Vulture Funds and land grabbers” and threatening “Trespassers will be shot” have been erected on farmland, the court also heard.

The company claims such actions have caused it a financial loss and it was fearful for the safety of persons associated with it.

Verbal threats

On Wednesday, Mr Ó Floinn said there had been further breaches of the orders, including verbal threats to those associated with the company.

Mr Kinsella had also in late June sent a letter to the company’s solicitor saying he “did not recognise” the functions of the High Court or land registry and that both entities “appear to employ and utilise admitted corrupt judicial functions”.

The letter also stated he had “called a tribal counsel (sic) namely a Hy Cinnsealach of family and friends to a tribunal the day the plaintiff broke into my lands and uprooted acres of our communal crop.”

The letter said that “tribunal” had adjudicated that John B. Dockrell “again trespassed on my land and caused damage to acres of our communal crop and as a bona fida acting farmer this does not sit well with me nor the communal tribes.”

The letter added Mr Kinsella would accept €30,000 in damages in order to avoid pressing charges against the plaintiff.

Mr Kinsella told the court he had been detained by gardaí who “beat in the door of the house at 5.50am” on Wednesday morning and said he had not been served with the legal documents in the case.

When informed by the judge, who said she was not dealing with the issue of service, he had the option of either giving an undertaking to comply with the orders or being committed to prison, Mr Kinsella asked for some time to consider things. When the matter resumed, Mr Kinsella asked for an adjournment to have the papers looked over by a lawyer and due to personal family circumstances.

The judge said an adjournment would only be granted if Mr Kinsella agreed to comply with the orders between now and when the matter returns before the court. After again taking some time to consider the terms of an adjournment, Mr Kinsella agreed to comply with the orders and was released from custody.

The judge then adjourned the matter to August 10th.