The High Court has restrained Jerry Beades and people with notice of its order from obstructing the sale of cattle from a former dairy farm in Nohoval, Co Cork, or interfering with their collection and transport. The injunction is in place pending trial or further order of the court.
In a judgment delivered on 22 April 2016, Mr Justice Paul Gilligan granted the interlocutory relief sought by the Cork sheriff, who was carrying out enforcement steps following a debt judgment against Peter and Tracey Kingston. The court’s order covers the balance of the herd and the proceeds of its sale. It also prohibits threats or intimidation against people involved in a sale or bidding, and interference with the sheriff’s duties.
The sheriff said she was concerned that Beades and people associated with Friends of Banking Ireland and the New Land League would disrupt further sales. She relied on affidavits, photographs of a protest near the farm entrance, and a statement issued by the New Land League. She alleged that protesters had disrupted access to the auction and raised concerns that bidders might not pay for cattle or that purchasers could be prevented from collecting them.
Beades denied advocating disruption. In an affidavit, he said he supported a peaceful protest, did not represent the Kingston family and had attended on behalf of creditors. He disputed the sheriff’s account and said statements attributed to him in a newspaper report were not his words.
The judge said the dispute over the protest’s nature and extent raised a serious issue for trial. He applied the interlocutory injunction test, finding that damages would not be an adequate remedy and that the balance of convenience favoured protecting the sheriff’s ability to carry out her lawful duties. He noted that there might be no further sale if successful bidders from the 12 April auction paid what they owed. The sheriff’s counsel undertook to tell the court immediately if an injunction was no longer necessary, so it could be set aside.
The ruling does not decide the underlying allegations. It grants interim protection until trial or further court order, and binds Beades and all people who have notice of it.