A Co Kildare farmer has been jailed for 100 days for failing to comply with High Court orders to hand over vacant possession of farm buildings on his property to a bank-appointed receiver.
Mr Justice Paul Gilligan said he was imposing a punitive order of 100 days imprisonment on Paul O'Shea, Davidstown, Castledermot, Co Kildare, over "serious and flagrant contempt" of court orders and of a sworn undertaking by Mr O'Shea to comply with those.
Mr O’Shea, who opposed the application for his committal to prison, was before the court over his failure to comply with orders granted last December compelling him hand over possession of the buildings to the receiver, George Maloney, appointed by Danske Bank. The buildings are close to Mr O’Shea’s family home.
This is the second time the farmer has been jailed for failing to comply with court orders. He previously spent 15 days in jail after being found in contempt of orders not to interfere with Mr Maloney’s attempts to sell lands but was freed after agreeing to comply.
In his ruling, the judge said this was a “long-running saga” and noted the contents of a sworn statement from Mr Maloney who said Mr O’Shea had failed to give up possession of the sheds.
In his affidavit, Mr Maloney said, when he sought to enter the sheds on Tuesday last “physically assaulted” by Mr O’Shea who told him he could not hand over what he did not have and denied him entry to the sheds.
The receiver said it was evident more items had been moved in around the sheds than were there previously.
Mr Maloney said he withdrew from the property, describing the atmosphere as “menacing”. As he was leaving, another car drove at speed towards his vehicle, he said.
The judge said the undisputed contents of the affidavit showed, despite his undertaking, Mr O’Shea had “no intention of complying” with the court’s orders and was “operating outside of the law”.
He rejected arguments from Mr O'Shea's solicitor that his client could not hand over possession because the sheds were in the control of a company, Cannon Agri Ltd.
This was “a colourful device designed to avoid compliance with the orders” as the company was formed by Mr O’Shea who was the owner of 99 of its 100 shares. Mr O’Shea subsequently divested himself of all but one of those shares, resigned as a director, and two other persons based in Northern Ireland were the directors.
There was “no reason” why Mr O’Shea could not hand over possession of the sheds, the judge said. In all the circumstances, he was jailing Mr O’Shea for 100 days.
Earlier, Jacqueline MacManus, solicitor for Mr O ‘Shea, said her client was not in possession of the sheds. Seeking to have the proceedings struck out, she said the receiver should have brought contempt proceedings against Cannon Agri Ltd as possessor of the sheds.
Stephen Byrne BL, for Mr Maloney, said his client had no option other than to seek the farmer’s imprisonment.
Mr Maloney was appointed in 2012 as receiver over two large fields totalling 31 hectares, and a number of storage sheds owned by Mr O’Shea. He had put the property up as security on a 2003 loan. Default on that loan lead to the bank getting judgment for €1.29 million against Mr O’Shea.
The receiver secured various orders for possession of the lands in July 2013 and the farm buildings in December 2014, plus injunctions preventing anyone interfering with him.
The matter has been before the courts more than 30 times after attempts to take possession were met with opposition from Mr O’Shea and others, including anti-eviction activists.