Couple released from custody after they agree to leave their home

By Ann O'Loughlin

A couple have been released from custody after they apologised before the High Court today and purged their contempt over their failure to obey a High Court order to leave their home.

Linda Hussey Smith and her husband Gordon Smith walked free from the Four Courts after they agreed to comply with the court order to leave their home at Hamlet Avenue, Chieftain's Way, Balbriggan, Co Dublin.

Earlier at the High Court Mr Justice Tony O'Connor directed they be sent to Mountjoy Prison for contempt over their refusal to comply with the terms of an injunction obtained by KBC Bank Ireland Plc in March.

KBC obtained an order directing them to vacate their home on foot of a Circuit Court possession order the bank obtained in 2016.

The court heard in 2005 Mr Smith obtained a mortgage of €220,000 from the bank. He got into arrears and now owes KBC €275,000.

KBC went to execute the possession order for the property in February, but claimed its security staff were forced to leave after persons attacked them.

KBC then obtained a High Court injunction against the couple requiring them to vacate the dwelling by late March.

KBC said the couple did not leave and brought motions for alleged contempt against Mr and Mrs Smith.

The couple, representing themselves, had opposed the application and had asked for the injunction to be set aside.

In his ruling, Mr Justice O'Connor said the couple had refused, after being given a chance to obtain legal representation in the matter, to comply with the terms of the injunction.

After rejecting the Smith's arguments, the Judge ruled the couple be detained at the Bridewell Garda Station until an order directing their incarceration at Mountjoy until they purged their contempt was drawn up.

Within hours the couple returned to court, apologised, undertook not to return to the property, and purged their contempt.

The Judge also told the court comments allegedly posted on social media about the case by another person had been brought to his attention.

The Judge said the comments could amount to criminal contempt.