Judge orders arrest of anyone occupying a repossessed Roscommon farm

A Superior Court judge ordered the arrest of anyone found occupying a Co Roscommon estate, which was the scene of a controversial eviction in 2018.

The orders were entered by Judge Leonie Reynolds against three named individuals and anyone else found occupying the property in Falsk, Strokestown in Co Roscommon.

The judge said she was pleased to order the arrest of Michael Anthony McGann, owner of the property, former Garda Kevin Taylor of Dublin Road, Longford and Colm Granahan of Ballina, Co Mayo.

The court heard evidence from KBC, which previously obtained a court order granting it vacant possession of the estate, that all three remain on the property.

The judge said it was clear that the individuals were involved in “a joint effort to undermine a Superior Court order.”

The three individuals, along with anyone else who is busy, will be brought to court by the Gardaí to answer for their alleged contempt, the judge ordered.

Purpose

Judge Reynolds said she was issuing the orders “with regret,” but that the court had to “give some finality” to the long-standing action.

The judge said court orders must be followed. The Gardai could use all reasonable force necessary to enforce the court’s order, he added.

The estate has been the subject of proceedings involving brothers Michael Anthony, David and Geraldine McGann, and KBC Bank, who obtained warrants allowing it to repossess the property.

Last month, the brothers were brought before the court, following their arrest by Gardai, to respond to allegations that they were in contempt of an order ordering them to leave the property.

All three were released after they vowed to leave their home and take the livestock off the farm.

KBC

However, KBC returned to court claiming that it was unable to secure possession of the property due to the presence of multiple people on the farm.

On Friday, KBC’s Rossa Fanning SC said that Mr. Michael Anthony McGann, Mr. Taylor, Mr. Granahan and others were on the property.

He said a tractor had been parked at the property’s main entrance. A door had also been padlocked, the attorney said.

The attorney said that despite having previously agreed not to return to the estate, Michael Anthony McGann had returned and said in a video posted on social media that he “would not leave the property.”

The lawyer said everyone on the property was “well aware” of the Superior Court order ordering everyone to leave the farm.

The lawyer said his client had a problem regarding who was on the property at any given time.

In addition to the three people named, the people appeared to come and go from the farm, he said.

The lawyer said there was no evidence that David or Geraldine McGann had breached their commitments and that contempt proceedings against them could be postponed.

No court appearance

None of the McGanns appeared in court, nor did any of the people allegedly occupying the property.

KBC Bank obtained a possession order for the estate several years ago as a result of a € 431,000 debt on the property from a loan to its registered owner Michael Anthony McGann.

The McGanns were evicted in 2018, but the home was later the scene of an attack on the security men employed to secure it.

The security men were forced to leave the property by a group of masked men and several vehicles were burned.

The McGanns, who were not involved in the incidents, returned to the home. KBC sought to have them held in contempt of court by failing to evict after they failed to comply with an order issued in March to vacate the farm.

Matters were suspended due to Covid19. Last month, the three McGanns appeared in court for their alleged contempt before being released.

The matter will return to court at a later date.