Farmer who left cattle on disputed land is jailed for third time
A FARMER has been jailed for a third time for being in contempt of a High Court order to remove cattle from his lands which are up for sale.
Mr Justice Michael Twomey jailed Eugene Costello for three weeks after he did not move livestock from 90 acres of farmland at Coolfree, Taughmaconnell, Ballinasloe, Co Roscommon.
Carlisle Mortgages brought proceedings against Mr Costello claiming he was trying to obstruct the sale of the land, which has been in Mr Costello’s family for generations, by placing cattle on it.
Carlisle wants to sell the lands because it claims Mr Costello has failed to repay monies he borrowed from it in 2004 when Mr Costello was loaned €440,000 from the firm. The land was put up as security for the loan.
Carlisle, which obtained a possession order in respect of the property in 2006, claims some €1.4m remains outstanding on the loan. In a long-running battle, Mr Costello who repaid some €91,000 to the lender, has raised issues about the loan and has claimed it was fraudulent, which Carlisle denies.
In August, Mr Justice Twomey had adjourned the case to allow Mr Costello time to remove the cattle from the lands by August 25. Yesterday, Jarlath Ryan BL, for Carlisle, told the judge there was “clear evidence” an “unrepentant” Mr Costello was in “brazen breach of court orders and undertakings previously given to the court”.
Mr Costello accepted he had not complied with the undertakings given to the court last August. Robert Dore, for Mr Costello, said all of the cattle had been removed by the end of August. Mr Justice Twomey said he was not prepared to continue the stay on the threeweek sentence imposed last August.