FARMER IS FACING JAIL
A MARSHALSTOWN farmer could face jail time after his arrest was ordered for ‘continuously flouting’ orders made by the High Court in relation to lands at Lodgewood, Ferns.
Mr Justice Bernard Barton ordered the arrest of John Kinsella of Ballywilliamroe, Marshalstown, after he breached previous orders and was found to be in contempt of court. However, Gardaí in Enniscorthy say that he is yet to be arrested and they are still awaiting the court order for his arrest.
Kinsella allegedly broke an undertaking, given in the High Court last month, not to come within 100m of the Ferns land.
‘CONTINUOUSLY flouting’ orders granted by the High Court in relation to lands at Lodgewood in Ferns has resulted in an order being made for the arrest of a Marshalstown farmer. Mr Justice Bernard Barton ordered the arrest of John Kinsella of Ballywilliamroe, Marshalstown after he breached previous orders made and was found to be in contempt of court.
Kinsella was brought before the High Court in handcuffs last month where he gave an undertaking not to trespass or come within 100m of the Ferns lands. After spending some hours in custody, he was released having given this undertaking, but when the case was called before the court once again on Friday, it was alleged he was in breach of these orders once again. The court heard that as recently as that (Friday) morning, Kinsella’s vehicles were used to block entrance to the lands. The Judge directed that gardaí arrest Kinsella, who was not present in court, and commit him to prison ‘until he is prepared to purge his contempt by agreeing to comply with the orders made’.
The origins of the case stem from an injunction taken out by vegetable grower John B Dockrell Ltd who had purchased the 150 acres of land which previously belonged to Kinsella from a so-called ‘vulture fund’ in 2017. The company, of Monroe, Screen, says that since then, Kinsella has been entering the lands without permission and has even illegally ploughed the lands. The case gained further attention after the company stated that Kinsella had used chains and large concrete blocks to block access to the lands and erected signs at the entrances referring to ‘Vulture Funds and land grabbers’ and threatening that ‘ trespassers will be shot’. John B Dockrell Ltd have said that Kinsella’s actions have caused them a direct financial loss and orders were made by the court for Kinsella to stay away from the lands.
The court heard that, in a letter to the company’s solicitor, Kinsella said that he ‘did not recognise’ the High Court’s or land registry’s functions, adding that both entities ‘appear to employ and utilise admitted corrupt judicial functions’.
The Marshalstown man also stated in his letter that he ‘called a tribal counsel (sic) namely a Hy Cinnsealach of family and friends to a tribunal’ the day the plaintiff ‘ broke into my lands and uprooted acres of our communal crop.’ It further added that the tribunal had adjudicated that John B Dockrell ‘again trespassed on my land and caused damage to acres of our communal crop’ which did ‘not sit well with me nor the communal tribes’.
Just days after Ms Justice Caroline Costello let Kinsella walk free from the High Court on a sworn undertaking not to interfere with the lands, a jeep appeared at Lodgewood bearing slogans such as ‘ trespassers will be shot’, ‘Don’t interfere with our business and we won’t interfere with yours’ and ‘ This is a Brehon & Common Law jurisdiction. Anyone who crosses will be put under the sword’.
Having heard of the further interference, Mr Justice Barton said that there could be ‘no doubt whatsoever that Mr Kinsella knew the case was adjourned to Friday’s sitting of the court’ and had not turned up. He accepted that Kinsella had not dealt with the allegations that he was in contempt and had continued to breach the orders made against the farmer. He then made the order for Kinsella’s immediate arrest.
A spokesman for Enniscorthy Gardaí yesterday (Monday) said that Kinsella had not yet been arrested and they were awaiting the order from the High Court before doing so.