Judge orders arrest of occupants of farm at centre of eviction controversy

A High Court judge has ordered the arrest, for the purpose of being brought before the court to answer contempt claims, of any occupant of a farm which was the scene of a controversial eviction in 2018.

The orders were made by Ms Justice Leonie Reynolds against three named individuals, and any other person found to be in occupation of the property at Falsk, Strokestown, Co Roscommon.

She said she was satisfied to order the arrest of Michael Anthony McGann, who owns the property; former garda Kevin Taylor, Dublin Road, Longford and Colm Granahan, from Ballina, Co Mayo.

KBC, which previously obtained an injunction granting it vacant possession of the farm, had told the court the three remain on the property.

The judge said it was clear individuals were engaged in “a concerted effort to undermine an order of the High Court”.

The three, and any other person found in occupation, are to be arrested and brought before the court by gardaí to answer their alleged contempt, the judge directed.

While she was making those orders “with regret”, the court had to “bring some finality” to the long running action.

The judge said orders of the court must be complied with.

Gardaí could use all reasonable force necessary to enforce the court’s order, she added.

The farm has been subject of proceedings involving siblings Michael Anthony, David, and Geraldine McGann, and KBC Bank, which secured orders allowing it to repossess the property.

Last month, the siblings were brought before the court, following their arrest by gardaí, to answer claims they were in contempt of an order directing them to leave the property.

The three were released after they gave undertakings to leave their home and remove their livestock from the farm.

However, KBC returned to court claiming it was unable to secure possession of the property due to the presence of several individuals on the farm.

On Friday, Rossa Fanning SC, for KBC, said Michael Anthony McGann, Mr Taylor, Mr Granahan and others were on the property.

He said a tractor had been parked at the front entrance to the property and a gate had been padlocked.

Counsel said, despite previously giving an undertaking not to return, Michael Anthony McGann had gone back and had said in a video posted on social media he would “not be abandoning the property”.

All those on the property were “well aware” of the High Court order directing all persons to vacate the farm, counsel said.

KBC had a “whack a mole” problem regarding who was on the property at any given time, Mr Fanning said.

As well as the three named individuals, persons appeared to be coming and going from the farm and KBC required an order allowing gardaí to arrest any person found in occupation of the property.

There was no evidence either David or Geraldine McGann had breached their undertakings and the contempt proceedings against them could be adjourned, he added.

There was no appearance in court by any of the McGanns or by any of the individuals alleged to be in occupation of the property.

KBC Bank obtained an order for possession of the farm several years ago arising out of a €431,000 debt on the property from a loan to its registered owner Michael Anthony McGann.

The McGanns were evicted in 2018 but the house was later the scene of an attack on security men employed to secure it.

The security men were forced off the property by a group of masked men and a number of vehicles were burnt.

The McGanns, who were not involved in the incidents, returned to the house.

KBC sought to have them jailed for contempt of court orders by failing to vacate after they failed to comply with an order made in March to vacate the farm.

Matters were put on hold due to Covid-19. Last month, the three McGanns were brought before the court over their alleged contempt, before being released.

The matter will return before the court at a later date.