Tipperary man released after spending 240 days in prison for defying home repossession

Owen Ryan claimed when he was arrested that he was 'brutally abducted', 'blinded by mace' and brought to court 'under duress' by gardaí

Owen Ryan was imprisoned in July for defying an injunction from finance company Mars Capital Finance DAC restraining him from taking over the property and has been held in Mountjoy Prison (pictured) since then. File picture

A Tipperary man who has spent around 240 days in jail for defying a court order for the possession of his home has been released by order of the High Court.

Owen Ryan, throughout numerous appearances before Mr Justice Brian Cregan, had previously refused to give an undertaking that he would not attempt to get back into the house at Moat Quarter, Kilfeacle, Tipperary. 

The property is now held by finance company Mars Capital Finance DAC. Mars took possession of the house in July 2024 following a court order.

Mr Ryan, aged 67, returned to the house the following day and despite Mars taking possession on a number of subsequent occasions, Mr Ryan or persons unknown had moved back in.

Mars retook possession a number of times subsequently, only to find Mr Ryan or “persons unknown” had later reoccupied the property and barred entry. Mr Ryan identified these people as family members looking after horses, dogs and cats.

He was imprisoned in July for defying an injunction restraining him from taking over the property and has been held in Mountjoy since then.

After he was arrested following an order by the court for his attachment and committal to prison, he claimed “armed” gardaí “broke into the dwelling” and that he was “brutally abducted”, “blinded by mace” and brought him to court “under duress”.

Mars said it did not want him in prison but wanted undertakings he would not return. He refused repeatedly to give such undertakings.

Release from Mountjoy Prison

Keith Rooney BL, for Mars, told Mr Justice Cregan on Monday that just after lunchtime the sale of the Tipperary property had closed. 

Counsel was, as the court had requested, informing the judge of this immediately as it meant Mars no longer sought Mr Ryan’s committal to prison.

The judge said he had made it clear he did not want Mr Ryan remaining in prison one night longer than is necessary. He therefore ordered his immediate release from Mountjoy Prison, where he had been held.