Courts / Kildare / Report

Farmer jailed for 100 days for "serious and flagrant contempt" of court orders

Date
2015-07-08
Stage
Sentence
Primary locality
Kildare
County
Kildare

Summary

A farmer from Co Kildare, Paul O'Shea, was sentenced to 100 days' imprisonment by the High Court for failing to hand over vacant possession of farm buildings to a bank‑appointed receiver, George Maloney. The court found O'Shea had repeatedly ignored orders, including a 15‑day jail term earlier in the year for contempt of orders that prevented interference with the receiver's attempts to sell the land. O'Shea had also physically assaulted the receiver when he tried to enter the sheds and denied him entry. The judge rejected O'Shea's solicitor's argument that the sheds were controlled by Cannon Agri Ltd, a company largely owned by O'Shea, calling it a "colourful device" to avoid compliance. The sentence was imposed after O'Shea's repeated refusal to comply with the court's orders, and the judge directed that the order be served on the Garda Commissioner. Cannon Agri had the case struck out.

Who, what, where, when and why

What: Report matter: Farmer jailed for 100 days for "serious and flagrant contempt" of court orders. Procedural stage: sentence. Findings: Struck out

When:

Why: The receiver, in order to sell the properties, secured various orders for possession of the lands in July 2013 and the farm buildings in December 2014, and injunctions preventing anyone interfering with the receiver in the course of his duties. CNI source report

Case subjects

Cannon Agri

Applicant

Finding: Struck out

Outcome: Struck out; Stephen Byrne Bl, for Mr Maloney, said Mr O'Shea had no intention of complying with the orders of the court and at this stage his client had no option other than to seek the farmer's imprisonment.

Places mentioned

Secondary Mention
Court Venue
  • High Court

Topics

Stage Sentence

Related court reports

Read the original CNI report

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