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Judge warns that anyone found on controversial Roscommon farm after Sunday evening could be jailed

Oct 30, 2020 17:38 By Shannonside News
Judge warns that anyone found on controversial Roscommon farm after Sunday evening could be jailed
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A High Court judge has said that any person occupying a farm in Co Roscommon after 6pm on Sunday evening are likely to find themselves

A High Court judge has said that any person occupying a farm in Co Roscommon after 6pm on Sunday evening are likely to find themselves being jailed for contempt.

Ms Leonie Reynolds made the remarks after being told that while the three McGann siblings have stayed away from their farm at Falsk, Strokestown other persons are preventing KBC bank from repossessing the property.

The property is the subject of a repossession order obtained by KBC bank.

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Last week Michael Anthony, David, and Geraldine McGann were brought before the court by Gardai to answer why they should not be jailed for contempt of orders to leave and not interfere with a bank's possession of the property.

They were released from custody after giving sworn undertaking to leave and stay away from and remove their livestock form the farm.

In court today, Rossa Fanning SC for KBC said while the McGanns have stayed away, his client remains unable to take possession of the property because at least one-person and others may also be present.

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He told the court that agents for KBC sought to secure the farm but the person said that they would not leave the property unless provided with a valid copy of the Court's order that the premises be vacated.

The court heard that the person behaved in a threatening and aggressive manner towards KBC's agents. When the agent went to leave the property, the person threw a copy of the court's order at the agent.

Counsel said that there were also posts on social media about the property, where groups and individuals were encouraging people to act in defiance of the court's orders.

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Some of the posts were critical of the KBC, the judge and lawyers involved in the case, counsel added.

Rossa Fanning SC said that as a result of what is "a deliberate and contentious attempt to obstruct court orders" KBC was seeking an order for the attachment and committal to prison of any person found in occupation of the property.

The McGanns did not appear in court today, but the judge said she was satisfied that there was no evidence they had returned to the property.

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Judge Leonie Reynolds said that there appeared to be a deliberate breach of the order and that she was prepared to hear an application to jail anyone who remained on the property.

The court did not want to send anybody to Mountjoy prison, but given the on-going breach of an order the court's hands would be tied and it would be left with no alternative other than jail persons.

However if the property was vacated by 6pm Sunday evening (Nov1st) there would be no need to hear an application to jail persons in breach of the court's order.

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The judge added that the commentary on social media regarding the case was "utterly reprehensible.

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