Controversial car dealer guilty of trespassing at old showroom
Court told there have been over 100 incidents at motor premises
A CAR dealer found to have trespassed on his old business premises will be spared a criminal conviction if he stays out of trouble for 12 months.
Over the past two years, John Alex Kane has faced claims in the High Court that he is behind a campaign of intimidation aimed at undermining a Revenue-appointed receiver who is selling off his assets.
He appeared at Longford District Court yesterday where he was found to have trespassed on one of those properties, the former Kane’s of Granard car showroom, in July this year. However, Mr Kane was cleared of a second charge of criminal damage.
The showroom is one of several properties now in the possession of receiver Myles Kirby, of Kirby Healy Chartered Accountants. He was appointed to sell them to satisfy a €4.9m judgment against Mr Kane over unpaid tax, but he has repeatedly alleged his efforts have been hampered by incidents of criminal damage and the intimidation of prospective purchasers.
Mr Kane (46) and his brother Séamus (51) deny involvement. Both have given High Court undertakings not to interfere with the receiver’s work.
The District Court heard there had been more than 100 incidents involving the former car showroom, but Mr Kane, of Cartron, near Granard, had only been charged in connection with one of these after he was seen at the premises with an implement in his hands by an off-duty garda on June 9.
He alerted colleagues who went to the premises. Mr Kane had left but arrived back later holding a drill and drill bits.
Gardaí said Mr Kane claimed to have noticed a break-in and went to fix the lock himself, saying he “didn’t want to bother the guards”. He handed over the keys to a lock which was hanging from the door.
The businessman was said to have disputed that the premises was in the possession of the receiver.
The court heard evidence from a property management contractor that a high-security lock had been on the door earlier that day and had been removed. A different clasp and lock were hanging from the door when gardaí arrived.
Giving evidence, Mr Kane said he passed the showroom on his way to checking on ponies and spotted the premises door was open. He said he closed it and went to get a drill so he could properly secure the lock. “I didn’t break into any showroom. I was only doing a good deed,” he said.
He also claimed the lock on the door had been put there by him two years previously.
Judge John Cheatle dismissed the criminal damage charge, saying there was no eyewitness evidence to back it up. However, he did not accept Mr Kane’s version of events in relation to the trespass charge and found it was proven.
The judge adjourned the matter for a year, saying he would apply the Probation Act if Mr Kane does not enter receivership properties and does not come to Garda attention between now and then. therwise he would impose a suspended sentence of four months.
Earlier, Séamus Kane was given the benefit of the Probation Act after pleading guilty to possession of two rifle bullets and threatening and abusive behaviour towards gardaí.