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Three brothers have been released from Garda custody after they pledged in High Court to stay away and vacate their home in Co Roscommon.
Michael Anthony, David and Geraldine McGann appeared before Judge Leonie Reynolds in Superior Court Friday night to respond to charges of contempt of court orders by refusing to leave property in Falsk, near Strokestown, Co Roscommon.
The judge, following a request from KBC bank that obtained a possession order for the property some years ago, issued orders in March demanding that the family leave the estate.
Late on Friday night, the three were released, pending the outcome of a full hearing of the proceedings initiated by KBC bank seeking their seizure and imprisonment for alleged contempt, after they agreed to vacate the property in waiting for a new court order.
They also said they would remove animals from the property, about 10 cattle, 14 cats and a dog in the coming days. And they agreed that they would not ask anyone else to occupy the property and for the other attendees to leave.
The farm was the scene of a controversial eviction and re-entry of the McGanns in December 2018.
On Friday, KBC’s Rossa Fanning SC told the court that her client did not want to see the McGanns incarcerated, but that in this case there had been a very clear breach of court orders last year.
The lawyer said that KBC had suspended the matter in the wake of the Covid-19 pandemic.
Commitments
The attorney also told the court that while he was happy to accept the compromises offered by the McGanns, his client was concerned about the people attending the farm following the McGanns’ arrest on the property on Friday afternoon.
Several vehicles, including pickups with Northern Ireland license plates, had been seen at the farm and an unknown number of people were believed to be present, the lawyer said.
The brothers’ attorneys said they needed time to prepare for the substantial hearing in the contempt proceedings, as attorneys had only been asked to represent the three on short notice.
McGanns said they knew nothing about the people gathered at the home, and said the Gardaí had taken their phones after their arrest.
Judge Reynolds agreed that the McGanns could be released if they were informed that they were willing to agree to leave the property, remove their animals and tell others to stay away from the farm.
The judge, who reminded the McGanns of the “dire consequences” of breaching commitments, adjourned the matter for next Wednesday’s court session.
The judge, after being told that the brothers had no way to return to Strokestown on Friday, ordered the gardaí to return them to the property.
The gardaí would also oversee the McGanns’ removal of their personal items from the farm and the removal of the animals, the judge added.
Possession order
In October 2019, the court ruled that KBC, on the ground of a possession warrant, was entitled to a court order requiring the McGanns to leave their home.
KBC had obtained and executed a valid possession warrant on the property, and that the McGanns are trespassers on the property, it said.
KBC applied for the court order after obtaining an order allowing it to execute the warrant for possession on the property. The McGanns objected to the request.
In March, KBC returned to court claiming the order had not been obeyed and filed motions requesting the seizure and imprisonment of McGanns.
In December 2018, the McGanns were evicted from the farm on foot from a repossession order that KBC obtained for the property several years ago.
Following their eviction, a group of masked men forced private security officers to leave the property.
Several security men required medical attention, several vehicles were burned and a dog had to be euthanized for the injuries it sustained.
Gardai subsequently launched an investigation into the attack on security personnel.
The McGanns, who were not involved in those incidents, subsequently returned to the property where they have remained since.
The property was the subject of a loan agreement between KBC and the farm’s registered owner, Michael Anthony McGann.
He was late on repayments and owed the bank about € 431,000. KBC obtained a possession warrant regarding the property in 2012, which was not appealed.
The last repayment of the loan was made by the borrower in 2014, KBC claims.
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