The Kerryman (South Kerry Edition)
Jail for eviction protester
A PROMINENT anti-eviction protester from Killarney has been jailed for contempt of court after he came before a sitting of Ennis District Court last week.
Brian McCarthy – who previously ran a public house in Castleisland – was brought before Judge Patrick Meghan at Ennis District Court last Wednesday along with Tommy Collins (46) from Dysart, Corofin, County Clare on foot of an application from Bank of Ireland who were seeking to have the pair jailed.
The Bank’s application follows a long running legal battle centred on Bank of Ireland’s efforts to evict Mr Collins from his home in Corofin.
During his legal fight with the bank – and during previous attempts to physically evict him from the property – Mr Collins has received support from the ‘Anti Eviction Taskforce’, an ad hoc national group set up to oppose evictions of which Brian McCarthy is a leading member.
Last Wednesday – while a group of around 30 gardaí secured the court to prevent Anti Eviction Taskforce members gaining access – Mr McCarthy was brought before Judge Meghan by two Gardaí who had to physically manhandle him into the dock after he resisted attempts to bring him inside.
Mr McCarthy said what was being done was “outrageous”, claimed Judge Meghan had no jurisdiction to hear the case and stood with his back to the judge for the duration of the hearing.
Mr McCarthy claimed that the judge had no jurisdiction to hear the case as he hadn’t produced his judicial appointment declaration. But Judge Meghan said this was “nonsensical” and then jailed Mr McCarthy and Mr Collins for contempt of court.
Mr McCarthy was removed to Limerick Prison where he remained as The Kerryman went to press on Tuesday evening. Since his imprisonment, members of the Taskforce have called for Brian McCarthy’s immediate release as has Kerry Sinn Féin TD Martin Ferris.
A PROMINENT anti-eviction protester from Kerry has been jailed for contempt of court after he came before a sitting of Ennis District Court last week.
Brian McCarthy from Killarney was brought before Judge Patrick Meghan at Ennis District Court last Wednesday along with Tommy Collins (46) from Dysart, Corofin, County Clare on foot of an application from Bank of Ireland who were seeking to have the pair jailed.
The Bank’s application came after a long running legal battle centred on Bank of Ireland’s efforts to evict Mr Collins from his home in Corofin.
Bank of Ireland secured a repossession order for the property – which was used as security for loans totalling €172,000 drawn down by Mr Collins – in 2012 but since then Mr Collins has steadfastly refused to vacate the property.
Judge Meghan was told by Counsel for Bank of Ireland that the last loan payment made by Mr Collins in relation to the Corofin property had been a payment of €100 that was made in 2008.
During his legal battle with the bank – and during previous attempts to physically evict him from the property – Mr Collins has received support from the ‘Anti Eviction Taskforce’, an ad hoc national group set up to oppose evictions of which Brian McCarthy is a leading member.
The group, including Mr McCarthy, have staged numerous high profile demonstrations outside banks and court sittings in recent years, including one incident in 2016 when they forced the abandonment of a Limerick Repossessions Court sitting.
Last Wednesday – while a group of around 30 gardaí secured the court to prevent Anti Eviction Taskforce members from gaining access – Mr McCarthy was brought before Judge Meghan by two Gardaí who had to physically manhandle him into the dock after he resisted attempts to bring him into the courtroom.
Mr McCarthy – who previously ran a public house in Castleisland – said what was being done to him was “outrageous”.
“This is about the protection of banks at all costs. It is outrageous what is going on and everyone here is aiding and abetting it,” he said.
He added that Mr Collins – who had not appeared in court and for whom a bench warrant was issued – had not attended the hearing as he feared for his life.
Mr McCarthy then claimed that Judge Meghan had no jurisdiction to hear the case and stood with his back to the judge for the duration of the 50 minute hearing.
Asked if he wished to respond to the Bank of Ireland Counsel’s claims, Mr McCarthy again stated that the Judge didn’t have jurisdiction to preside over the case.
Judge Meghan – who had called Mr McCarthy’s claim that he had no jurisdiction to hear the case as he hadn’t produced his judicial appointment declaration as “nonsensical” – then jailed Mr McCarthy and Mr Collins for contempt of court.
“Very well, I make an order imprisoning you and Tommy Collins and you are to be committed to Limerick prison until you purge your contempt,” Judge Meghan said.
Mr McCarthy was removed to Limerick Prison where he remained as The Kerryman went to press on Tuesday evening.
Since his imprisonment, members of the Taskforce have called for Brian McCarthy’s immediate release as has Kerry Sinn Féin TD Martin Ferris.