Ancient law cited in trust’s farm protest
More than 250 people marched across the land of Eugene McDermott on Saturday afternoon and used an angle grinder to break the locked gates.
There were brief scuffles with security guards stationed at the farm who were acting for IBRC, after it took back the farm on Friday.
The protest was led by Charlie Allen, a Kilkenny businessman who runs the Rodolphus Allen Trust.
Mr Allen began the stand-off with receivers last week, blocking off the gates to part of Mr McDermott’s Kennycourt stud farm. The receivers gained control again on Friday.
Mr McDermott owes over €7m to the old Anglo Irish Bank and Bank of Scotland.
Neighbours and supporters of Mr McDermott, along with others who joined the trust in their own right, were involved in Saturday’s protest.
Their placards cited Brehon Law, which has not been used in Ireland since the proclamation of King James in 1603. It is unclear how it will be used by the trust in the repossession cases it has taken on.
The trust’s merits have not yet been tested in court and it is unclear what methodology it aims to use to thwart receivers and possession orders granted by the courts.
Mr Allen claims to have allowed up to 2,000 debtors into the trust and, together, they have signed over €2bn worth of assets.
These are leased back on long-term arrangements and an understanding that people can reclaim the land once the possession orders elapse.
Mr Allen told receivers that because properties, including Mr McDermott’s, are in trust, the banks no longer have a right to seize them.
However, the trust deeds signed by each person handing over assets include a declaration that they are free of any lawful lien or encumbrance.
The trust has told debtors it has found a legal loophole that allows people to set aside mortgages which otherwise count as encumbrances.
The deed documents are typical of those used by people hoping to declare themselves freemen of the land and thus outside jurisdiction of common law.
In the Seanad, Thomas Byrne has said he met Mr Allen but could not get clarity on what this legal loophole entails or how it is supposed to work. He said the trust had all the hallmarks of a scam.
