The High Court ordered Michael Anthony McGann, Kevin Taylor and Colm Granahan detained indefinitely until they purge their contempt of an order requiring people to leave a property at Falsk, Strokestown, Co. Roscommon, and not obstruct KBC Bank Ireland plc from taking possession.
In an ex tempore judgment delivered on 2 December 2020, Ms Justice Reynolds said the respondents had flagrantly and deliberately breached an order made by Mr Justice Allen on 11 October 2019. That order directed the defendants and others with notice to vacate the property by noon on 12 November 2019, and restrained them from obstructing the bank or returning to the property pending trial.
The bank’s application for attachment and committal followed alleged non-compliance. The judgment records that the three named defendants did not appear at an earlier hearing, although affidavit evidence showed they had been served. They were arrested and brought before the court on 23 October 2020. After receiving legal advice, they undertook to leave, remove their belongings and livestock, and ask anyone else in occupation to leave. Bank evidence initially indicated compliance, but further affidavits said people had returned to the property by lunchtime on 28 October.
The court also heard affidavit evidence that Taylor and Granahan were at the property in breach of the order, and that other people occupied it from time to time. The judgment records evidence of social media activity inviting people to attend and frustrate the order. It also refers to a video filmed outside the property on 1 November in which Michael Anthony McGann said he had not abandoned it.
On 6 November, the court directed the attachment of McGann, Taylor, Granahan and other people in occupation so they could answer the contempt allegations. Justice Reynolds said the respondents had been given an opportunity to purge their contempt and had shown an unwillingness to do so. She said coercive detention could continue until compliance, while the court would review the matter in due course.
The court adjourned the contempt proceedings and directed that they be relisted before Justice Reynolds on 22 January 2021. The judgment said the respondents could return to court to purge their contempt by undertaking not to enter or attend the property or obstruct the bank’s efforts to take possession.