Courts / Roscommon / Report

Man jailed for contempt removed from Four Courts by ambulance after collapse

Summary

A man was jailed for contempt of court and later removed from the Four Courts by ambulance after collapsing. Mr Justice Brian McGovern jailed Eugene Costello after a receiver, appointed by Carlisle Mortgages Ltd, stated that agents were unable to gain vacant possession of land due to Mr Costello's cattle remaining on the property. The application for Mr Costello's imprisonment was brought by Carlisle Mortgages Ltd, who obtained an order for possession of the lands in 2006 following Mr Costello's default on loan repayments from 2004. Mr Maurice Lyons was appointed receiver when Mr Costello failed to pay €1.4m. The judge noted that Mr Costello had previously undertaken to remove all livestock from the land, allowing the receiver to take possession of 90 acres in Coolfree, Rockland, and Onagh. The judge found Mr Costello in contempt of court and committed him to prison until the receiver could take vacant possession of the lands and Mr Costello purged himself of his contempt. The matter was adjourned to next week. Mr Costello, who denied that his livestock were on the lands, appeared to take ill and collapsed, receiving medical attention from paramedics and being taken by ambulance to hospital. The case has been before the courts on multiple occasions, with Mr Costello ordered by the High Court in 2010 to remove his animals from the lands. Last year, the High Court found him in contempt of court, and the Supreme Court refused to grant a stay on that order. Counsel for Carlisle Mortgages Ltd stated that Mr Costello had given an undertaking to remove all his cattle from the land on July 1st last, but agents observed 14 cattle on the lands, which were left there to frustrate and obstruct the receiver. Mr Costello, who represented himself, told the court there were no cattle on the lands and that he had slaughtered and moved his cattle, but animals were put back on the lands due to restrictions imposed by the Department of Agriculture after illness was detected in his herd. He stated he was caught in a bind by the committal order and that he was prepared to take whatever steps were required to remedy the situation.

Who, what, where, when and why

What: Report matter: Man jailed for contempt removed from Four Courts by ambulance after collapse. Procedural stage: sentence

When:

• July 1st Incident
• 2014-07-15 Publication

Why: Mr Justice Brian McGovern today jailed Eugene Costello after a receiver, appointed by a lending institution, said its agents were unable to get vacant possession of land because Mr Costello's cattle remained on the property. CNI source report

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Read the original CNI report