Monday, October 17, 2011

Property owner jailed for changing locks on receiver-appointed house | Irish Examiner

A PROPERTY owner has been jailed for two weeks after a High Court judge found the man had breached orders not to interfere with a receiver appointed over three of his premises.

Seamus Killoran, who was jailed in August for being in contempt of court but released 24 hours later, was yesterday sent back to Mountjoy prison by Mr Justice Roderick Murphy after the judge found he had breached undertakings and a court order in respect of a house at Coolcarrigh, Coill Dubh, Naas, Co Kildare.
The court was told that earlier this month Killoran re-entered the property and changed the locks, preventing the bank-appointed receiver Fergus Lowe from accessing the house, which he intends to put up for sale.

The judge held that Killoran, who was not legally represented and refused to answer any questions put to him by the judge, was in clear contempt of orders and undertaking not to interfere with the property.

During the proceedings Killoran was asked a number of questions by the judge. However, he replied several times "civil or criminal?" He also told the judge: "I will accept no fines, penalties or jail time."

Killoran was sent to prison for two weeks, but the judge added that Killoran could be released anytime before then if he was prepared to purge his contempt and comply.

Last August Killoran was released after spending a night in Mountjoy prison after agreeing to comply with a High Court order not to interfere with the work being carried out by Lowe.

William Abrahamson, for Mr Lowe, said that earlier this month Killoran took possession of the premises in Naas, in spite of the undertakings.

Following the High Court proceedings in August, Killoran was given time to remove his personal belongings from the house.

A security officer employed by the receiver said locks had been glued, and then changed and windows blacked out in the house, counsel added.

Counsel said the receiver was "reluctantly" seeking the order but had "no option" as Killoran blatantly refused to comply.

In December 2010, Dankse Bank, trading as NIB, appointed Mr Lowe as receiver to Killoran’s houses at Ardilaun Green, Ballymahon Road, Mullingar, Co Westmeath; Carra Grove, Mullingar; and the property at Naas.

Last July, Mr Lowe brought proceedings against Killoran after security staff Mr Lowe had hired discovered Killoran had changed the locks and barricaded himself into the Naas property.

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