A resident of Clonmannon retirement village in Co Wicklow told the High Court yesterday that her life became very difficult when the village was taken over by Jane and Roderick McGrath in 1996.
In cross-examination Ms Martha Honiball said she had not paid fees for care facilities since 1993, when, she claimed, the facilities had stopped. She said the McGraths had never made any arrangements with her.
Ms Honiball is one of five residents suing the McGraths, who paid £270,000 to take over the village enterprise in 1996.
The residents are suing the couple and their company, Mac Enterprises, for damages for allegedly varying the care agreement and restricting the residents' use of Clonmannon House.
Yesterday Mr Justice Kearns said Mr Frank Callanan SC, for the residents, had said in his opening statement that there would be evidence that residents had been shamefully exploited. The judge said that so far there had been no evidence of that.
Mr Callanan said he would call the remainder of his evidence and deal with that. Mr Justice Kearns said the comment alleging shameful exploitation had received significant publicity.
Mr Callanan said it was as much a matter of inference as it was specific evidence.
The judge said Ms Honiball had begun her evidence last Friday and had not indicated that any pressure had been put on her. Mr Callanan said his case was that his clients' contractual rights had been interfered with.
Resuming her evidence, Ms Honiball said that from the time the McGraths arrived all the residents had expected when they went to Clonmannon had been taken away. She did not get the ongoing care she had contracted for and the house was gone.
Cross-examined by Mr George Brady SC, she agreed that in 1996 the avenue was repaired by the McGraths. She said some residents formed a group and dealt with a sewage problem.
She agreed she knew of two residents who were paying for care and had been issued with panic buttons by Mac Enterprises.
Mr Brady asked if Ms Honiball would not accept that a service was being provided if there was a panic button that would get a caretaker, an ambulance and a doctor.
She replied that it would not be the same service she had signed for at Clonmannon.
Asked about the provision in the agreement for an infirmary in Clonmannon House for minor medical complaints, Ms Honiball said she thought it was a place where an old person could go for a night or so.
She accepted that the McGraths met the residents and sent out a questionnaire and that there was "a general process of consultation" with residents at a meeting.
The hearing continues today.