Man faces further spell in prison for alleged contempt

Man faces further spell in prison for alleged contempt

A judge has directed that a businessman be arrested by Gardaí and brought before the High Court over his alleged failure to comply with orders to stay away from two properties in Co Monaghan.

Mr Justice Senan Allen made the ruling in respect of Fergal Deery who is alleged has breached orders made by the High Court in 2015 not to trespass or interfere with two premises located in Monaghan Town, which had previously been controlled by Mr Deery's family.

The application seeking Mr Deery's attachment and committal was brought by Wardglade Limited, which acquired the properties, which had been used as a bar and a nightclub, from a receiver in 2015.

Mr Deery is unhappy over the sale, which he alleges was fraudulent and claims that he was illegally evicted from the property in 2013.

He also claims the long running dispute has taken its toll on his family.

In 2015 High Court orders were obtained by Wardglade against Mr Deery, of Drumhillock, Monaghan restraining him from trespassing on the properties.

However he has been incarcerated on occasions after being found to have breached those orders.

The most recent was last July when Mr Deery was committed to prison for two weeks after he was found in contempt of the 2015 orders.

He was released last August after purging his contempt and giving undertakings to comply with the orders, and that he would cease making comments on social media or in public about Wardglade director Mr Ciaran Marron, and associates of his, Seamus and Frank McEnaney.

In recent weeks Wardglade brought fresh proceedings claiming that there had been further breaches of the orders.

It was claimed that Mr Deery and others persons connected to him had entered the properties without Wardglade's consent on a number of occasions in September and December 2019.

It was also claimed that last year Mr Deery commenced a campaign of intimidation against persons associated with Wardglade.

It was also claimed he had made threats against Mr Marron's family, business associates and his solicitor on social media.

In a sworn statement to the court Mr Marron said Mr Deery was seeking to intimidate parties by visiting his and his associate's homes, and staging protests in Mr Marron's home town of Carrickmacross.

Mr Marron said Mr Deery had made threats to his wife, and had made references to their children.

These posts were made aware to Mr Marron's family by third parties, and the posts have had a serious effect on them.

The application to have Mr Deery brought before the court for the explaining his contempt of court and breach of undertakings he gave was considered by Mr Justice Allen yesterday.

Mr Deery was not present in court, and in an email to the court the Judge was told that Mr Deery’s absence was unavoidable.

However the Judge said he was satisfied that Mr Deery was fully aware the application was before the court, and had been afforded an opportunity to deal with the proceedings.

The Judge made orders that Mr Deery be brought before the court by the Gardaí to answer his alleged contempt.

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