O’Donnells granted reprieve on home

Solicitor Brian O’Donnell and his wife have been granted an extension until 2pm next Thursday by the Court of Appeal to challenge a High Court direction ordering them to vacate a property on Gorse Hill.

Mr O’Donnell and Mary Patricia had on Thursday been ordered to vacate the property by Mr Justice Brian McGovern by 5pm yesterday.

However, the president of the Court of Appeal, Mr Justice Seán Ryan, said the court would grant an extension to file an appeal against the order on the basis that papers would be filed by the close of business yesterday.

Cian Ferriter, for Bank of Ireland, said the respondent was strongly opposed to any stay being granted. He said there was no bona fide ground of appeal open to the O’Donnells and the balance of justice was against granting any extension of time.

Mr Ferriter said the O’Donnells had orchestrated a blockade of the property and were acting in flagrant disregard for the rule of law.

The Supreme Court had ordered the O’Donnell children to vacate the property and, just as they left, Mr and Mrs O’Donnell came back from their permanent home in Engalnd and moved in. This was choreography, Mr Ferriter said. Just as the children left the house, Mr and Mrs O’Donnell remarkably sought to assert their right to reside and took up occupation of Gorse Hill.

Mr Ferriter said there was an agreement made in 2011 between the O’Donnells and the bank that they would immediately vacate the property if the bank exercised its right to security. He said Mr O’Donnell signed up to the agreement with the benefit of legal advice and it remained binding.

That was vital to any question of whether there was a reasonable ground of appeal on Mr Justice McGovern’s decision, counsel said.

The O’Donnells had invited wholly unconnected third parties onto the property and blockaded themselves into the Gorse Hill house, Mr Ferriter said. While they claimed the third parties were there to prevent the media from accessing the house, the purpose was to prevent the receiver entering the property, he said.

Jerry Beades of the New Land League had accompanied Mr O’Donnell to court yesterday.

When, during the proceedings, Mr Beades had asked if he could address the court, Mr Justice Ryan said “no”.

Mr Ferriter argued that, not only did the defence invite third parties onto the premises, they made public statements about the case.

Mr O’Donnell claimed he had no control over what they said, having invited them onto the property.

However, he confirmed to the High Court that he did not tell them to desist from making statements, Mr Ferriter said.

Mr O’Donnell said the bank had imposed impossible time limits on him and his wife, that they were “bombarded” with paper and with unrealistic time limits.

He said they were given a little over 24 hours to vacate the property and take their belongings. He asked the court to grant an order to extend necessary time to appeal the order to vacate.