A PROPERTY owner has been jailed for one month after a judge found him in “flagrant breach” of an order not to interfere with work being carried out by a bank-appointed receiver.
Yesterday at the High Court, Mr Justice Gerard Hogan committed Seamus Killoran to Mountjoy prison after holding him in contempt of a High Court order made last July by Ms Justice Mary Laffoy. Judge Laffoy had ordered Mr Killoran not to interfere with the work of receiver Fergus Lowe relating to three of his properties.
Judge Hogan said Mr Killoran was not prepared yesterday to give the court an undertaking to comply with the order. The judge, who stressed he did not wish to jail him, gave Mr Killoran numerous chances to give the court an undertaking, but he declined to do so.
The court heard the receiver was appointed in December 2010 by Danske Bank, trading as NIB, to three properties of Mr Killoran’s. These were houses at Ardilaun Green, Ballymahon Road, Mullingar, Co Westmeath; Carra Grove, Mullingar; and Coolcarrigh, Coill Dubh, Naas, Co Kildare.
William Abrahamson, counsel for the receiver, said Mr Killoran was living in one of the Mullingar properties and had another rented out, while another lay vacant.
The receiver was seeking possession of the houses. Counsel said his client experienced problems with Mr Killoran, and last July obtained a court order against him. Mr Abrahamson said earlier this month the receiver had tried to take possession of the Naas property but that his security staff had found Mr Killoran and others barricaded into the premises.
Counsel said Mr Lowe did not wish to see anyone jailed, but had no option but to bring committal proceedings following Mr Killoran’s breach of the court order.
Mr Killoran, who was not legally represented, refused to answer any questions from Judge Hogan.
The judge said he had “absolutely no choice” other than to jail Mr Killoran. He directed that he be brought back before the court today to give him a further chance to comply with the order not to interfere with Mr Lowe’s work.