Businessman purges contempt of court and agrees to co-operate with receiver

A businessman whose jailing was ordered earlier this week over not co-operating with a bank-appointed receiver has purged his contempt of court and apologised for his previous actions.

Mr Justice George Birmingham yesterday set aside orders committing Gerry Burns to prison after the businessman agreed he would fully comply with orders relating to his commercial property at College St, Co Cavan.

Mr Burns apologised to the court and said he would fully co-operate with the receiver not only in respect of the property but a number of other properties he owns which are the subject of separate court proceedings.

The warrant committing Mr Burns to prison was not executed and the businessman, from Drumcase, Killeshandra, Co Cavan, attended at court yesterday by arrangement.

On Wednesday the judge ordered Mr Burns be committed to prison for being in contempt of orders obtained by receiver Patrick Horkan, of the accountancy firm KPMG.

The judge said Mr Burns, who failed to appear at Wednesday’s hearing, had continued to defy court orders made last February compelling him to hand over keys and give security codes to the receiver so he could take possession of the building by a certain date.

The orders were granted last February by Ms Justice Mary Laffoy in favour of Mr Horkan, who later initiated contempt proceedings alleging Mr Burns failed to carry out those tasks.

Yesterday Mr Burns told the judge that he will fully comply with the orders. The court further heard that the receiver had taken possession of the property.

Mr Justice Birmingham said he was satisfied that Mr Burns had purged his contempt, and accepted his apology.

The judge then struck out the order committing him to prison.

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