Monaghan farmer claims he is haunted by shooting dead of cattle by Defence Forces

The High Court has been asked to extend by up to 10 years the bankruptcy of Co Monaghan farmer whose cattle were shot by members of the Defence Forces in 2016.

The extension application has been made in respect of Mr John Hoey, from Carrickmacross, who opposes the application, and told the court he remains "haunted " after witnessing the shooting of his cattle in July 2016.

Mr Hoey was declared bankrupt on foot of a petition brought by John Kelly Fuels Ltd for €262,000. He was declared a bankrupt in February of 2016, and was due to exit the process 12 months later.

However the official in charge of bankruptcy, Official Assignee (OA) Mr Chris Lehane claims Mr Hoey has failed to co-operate with the process, and in what have been lengthy proceedings has asked the High Court to extend Mr Hoey's bankruptcy.

Mr Lehane claims Mr Hoey has failed to co-operate by failing to provide a a Statement of Affairs detailing all of his assets.

Mr Lehane claims in attempting to recover Mr Hoey's assets he has had to take various steps including issuing several warrants in 2016 allowing him to search a number of locations and seize items including farm machinery and vehicles belonging to Mr Hoey.

Mr Lehane said on two separate occasions cash, totaling €17,000 was detected by sniffer dogs, was recovered following searches of Mr Hoey's property.

The court also heard Mr Lehane obtained freezing orders in respect of monies paid by cheques from a meat processor to Mr Hoey, and had to take steps using Defence Forces marksmen to humanely destroy cattle on Mr Hoey's farm.

In July 2016 five cattle on his farm were shot dead by members of the Defence Forces Mr Lehane, said at the time that most of the herd was removed from the farm, but five animals proved difficult to catch.

Represented by Bernard Dunleavy SC the Official Assignee is seeking an order under Section 85 of the 2015 Bankruptcy(Amendment) Act that the bankruptcy be extended by 10 years.

The maximum period of extension that can be sought under the act is a 15 year extension from the date of the adjudication of bankruptcy.

Mr Hoey, represented by Eanna Mulloy SC strongly denies that he has not co-operated with the OA, and says that he furnished Mr Lehane with a statement of affairs.

He says that between the date of his bankruptcy adjudication in February 2016, and May 2016 everything that he had worked for over 35 years was "literally wiped out and destroyed".

He rejects claims his cattle were put down humanely and said he could have been contacted to remove them from the land and that they were shot without any warning to him.

One of the heifers as it lay dying, he claimed was shot twice in the head by one of the army shooters. There was nothing humane about the manner the animals were treated that day, Mr Hoey said.

Mr Hoey also claims that assets in his estates have been sold at an undervalue, and that his reputation has been allegedly damaged by the OA and his agent's actions.

As part of the application Mr Hoey's lawyers are cross-examining Mr Lehane on his bid to extend the bankruptcy.

In reply to Mr Mulloy Mr Lehane said he had attended Mr Hoey's farm after the bankruptcy adjudication with members of the gardaí, including garda in the Emergency Response Unit, but had done so on the advice of gardaí.

However he accepted that on that and other subsequent occasions that he attended at the farm he had not felt threatened by Mr Hoey.

The application before Ms Justice Teresa Pilkington continues.