ODonnell Eviction, Bank of Ireland, Gorse Hill, The New Land League, High Court

ODonnell Eviction Gorse Hill

Retired solicitor Brian O’Donnell and his wife have left their former family home in Killiney, Dublin ahead of their eviction.

Under a court-imposed ORDER they must vacate the property by noon on Wednesday.

Earlier they had removed their belongings in a furniture removal van and in boxes placed in car driven by a family friend.

Dr Mary Patricia O'Donnell has left Gorse Hill in advance of Noon possession by Bank Of Ireland.

Brian O'Donnell gives Gorse Hill Keys to Bank of Ireland

Solicitor Brian O’Donnell has dropped the keys of his former house Gorse Hill onto a desk in front of Bank of Ireland chief executive Richie Boucher prior to the start of the bank’s AGM.

He walked up to where Mr Boucher was sitting and dropped the keys to Gorse Hill onto his desk, without addressing him.

Mr O’Donnell attended the bank’s annual general meeting only hours after leaving his Gorse Hill mansion in Killiney for the last time, a house worth €30 Million at the height of the boom.

Dumb and Dumber

While Brian O'Donnell was handing over his keys to Gorse Hill to Bank of Ireland, Jerry Beades was posting a notice on the gate at Gorse Hill stating that Bank of Ireland has no entitlement to the keys of Gorse Hill, all of which shows that Dumb and Dumber is much more than a movie.

The New Land League

The self-styled ‘The New Land League’ which has been heavily criticised for taking money from vulnerable people, has been using the O’Donnell’s case to gain publicity for its Millionaire Gambler Leadership including Jerry Beades. The New Land League is lead by people who borrowed millions, gambled that money and now want a return on their beaten docket. Their membership includes Cowboy Builders who left many people homeless. 

The main ‘tactic’ being used by ‘The New Land League’ is ‘Delay Litigation’, this is simply a tactic which delays the return of assets to The Tax Payer who now own most of The Irish Banks.

The tactics of ‘The New Land League’ means that the Banks do not have the money to do deals with ordinary decent people who have simply got into Mortgage difficulty due to personal circumstances.

People have been advised not to give money to ‘The New Land League’ as such money is not being audited and could end up being used by very dis-honest people.

Mr O’Donnell was driven away from Gorse Hill at 9.37am by Jerry Beades of the self-styled Land League, Mr Beades is a Shameless self-profiler.

Bank of Ireland AGM Latest

Mr O’Donnell is expected to attend the Bank of Ireland AGM at 11am. His wife Mary, left the property at around 9am after placing a number of items into a car driven by a family friend.

Earlier, John Martin of the new Land League said most of the family’s belongings were now gone “apart from a few personal possessions”.

Asked how the O’Donnells were feeling Mr Martin replied: “We are all human”.

Mr O’Donnell and members of the new Land League are understood to have secured voting rights at the AGM, where they are expected to criticise management of the bank over the repossession of Gorse Hill.

A number of members of the Land League remain on the property and are expected to stay there until noon. A large number of reporters are outside the property.

O’Donnell Legal Case

The eviction is likely to mark the end of a long-running legal process which started when seen Bank of Ireland appointed Tom Kavanagh as receiver in 2012 in an effort to recover a €71.5 million judgment from 2011 against Mr O’Donnell and his wife, Mary Patricia.

That application was unsuccessfully resisted in proceedings involving the couple’s four children.

The O’Donnell parents moved back into Gorse Hill last February after their children vacated it in line with court orders.

O’Donnells’ High Court Order

A possession order was subsequently granted to the bank by the High Court.

This was appealed to the Court of Appeal which dismissed the couple’s bid to prevent receivers from taking possession but granted a stay on the possession injunction to April 29th to allow them seek leave to appeal to the Supreme Court.

On Tuesday a three-judge Supreme Court refused an application for a stay on the High Court injunction granted last March requiring them to leave the property at Gorse Hill, Vico Road, by noon today.

They sought the stay pending their Supreme Court application for leave to appeal a Court of Appeal decision, made earlier this month, refusing to overturn the injunction.

In a Supreme Court application last Monday, the O’Donnells argued their appeal centred on issues of public importance which should be determined in the public interest, including issues concerning the refusal of the High Court judge, Mr Justice Brian McGovern, to recuse himself.

Other issues included arguments that their case related to the ability of banks and receivers to obtain a mandatory order to gain possession of a family home rather than issue proceedings for possession and having a full hearing.

In opposing any stay, Bank of Ireland argued the case raised no novel legal issues.

The three-judge Supreme Court, comprising Chief Justice Mrs Justice Susan Denham, Mr Justice John MacMenamin, and Ms Justice Mary Laffoy, refused the application. Their 10-page determination said issues were raised by the O’Donnells which could not form part of the leave application and the court could only address issues arising from the Court of Appeal decision of April 15th last.

Court of Appeal

It ruled that the Court of Appeal had applied well-established principles in its refusal to overturn the High Court injunction, and the O’Donnells had not raised issues of general public importance entitling them to an appeal.

It said the O’Donnells had not shown a Supreme Court appeal was necessary in the interests of justice, and had not made out a legal point relating to the High Court judge’s refusal to recuse himself.

Delay Litigation Tactic Rejected

It also rejected various other grounds raised, and said the O’Donnells received a “full hearing” in the High Court, followed by a full appeal to the Court of Appeal. There could not be a further appeal to the Supreme Court unless certain parameters were met, the court said. Nor was there any basis for a reference of issues to the Court of Justice of the European Union.

Other Cases involving Delay Litigation

A farmer, his wife and several others, including anti-eviction activist Ben Gilroy, could be jailed for alleged interference with a receiver appointed over lands in Co Kildare.

Paul O’Shea spent two weeks in jail when he was previously found in contempt of court orders restraining interference with receiver George Maloney’s attempts to sell lands owned by Mr O’Shea at Davidstown, Castledermot.

Mr O’Shea was released by a High Court judge earlier this month after giving a sworn undertaking to purge his contempt and comply with court orders. The matter was adjourned on certain conditions to progress matters.

When the matter returned before Mr Justice Paul Gilligan yesterday, lawyers for Mr Maloney said there was ongoing interference.

Loan in default

Mr Maloney was appointed in September 2012 by Danske Bank as receiver over two large fields Mr O’Shea put up as security on a 2003 loan which went into default. The bank obtained judgment for €1.29 million against Mr O’Shea in March 2013.

In an affidavit, Mr Maloney said he and his agents had been intimidated, threatened with violence and put under surveillance when on the land.

Due to the interference, the receiver said he intended to seek the attachment and committal to prison of Mr O’Shea, his wife, Emer, and several others, including Mr Gilroy, who, he said, were giving advice to those preventing him carrying out his duties.Mr Maloney said Mr O’Shea and Mr Gilroy were “toying” with the court.

Keywords: ODonnell Eviction, Bank of Ireland, Gorse Hill, The New Land League, High Court