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A Co Wexford man walked free from the Four Courts last week after he agreed to comply with orders not to trespass on or come within 100m of lands in Co Wexford.
Mr John Kinsella, who was earlier brought to court in handcuffs was released from custody after he was granted a two-week adjournment of attachment and committal proceedings brought against him for being allegedly in contempt of various High Court orders.
The adjournment was granted by Ms Justice Caroline Costello after Mr Kinsella, who was not legally represented at court and sought time to consider the legal documents in the case, gave a sworn undertaking to comply with the orders until the matter returns before the court.
Vegetable grower John B Dockrell Ltd secured court orders against Mr Kinsella preventing Mr Kinsella of Ballywilliamroe, Marshalstown, Enniscorthy, coming within 100m of lands at Lodgewood in Ferns. The order also restrains Mr Kinsella from interfering with the plaintiff’s quiet enjoyment of the property, and from blocking or impeding any entrances to the lands.
The company, represented by Benedict Ó Floinn Bl, sought the orders because it was unable to access approximately 150ac of land the firm purchased in June 2017 in Ferns, Co Wexford due to Mr Kinsella’s alleged actions.
The company of Monroe, Screen, Enniscorthy, Co Wexford, claims Mr Kinsella has entered the land without its permission and has illegally ploughed the lands.
It also claimed gates have been chained and large concrete blocks impede movements on the lands and vehicles were used to block the entrance to the lands from the outside. Large signs referring to “Vulture funds and land grabbers” and threatening that “trespassers will be shot” have been erected on farmland, the court also heard.
These actions, the company claims, have caused it a financial loss and were fearful for the safety of persons associated with it, the court also heard.
On Wednesday 25 July, Mr Ó Floinn said that there had been further breaches of the order, which included verbal threats being made to those associated with the company.
In addition, counsel said that in late June Mr Kinsella sent a letter to the company’s solicitor saying that he “did not recognise” the High Courts or land registry’s functions, adding that both entities “appear to employ and utilise admitted corrupt judicial functions”.
Counsel said that Mr Kinsella also stated in his letter that he “called a tribal counsel namely a Hy Cinnsealach [sic] of family and friends to a tribunal the day the plaintiff” broke into my lands and uprooted acres of “our communal crop.”
The letter said the tribunal adjudicated that John B Dockrell “again trespassed on my land and caused damage to acres of our communal crop and as a bona fide acting farmer this does not sit well with me nor the communal tribes”.
The letter added that Mr Kinsella would accept €30,000 in damages in order to avoid pressing charges against the plaintiff.
Mr Kinsella told the court he had been detained by the gardaí who he said “bate in the door of the house at 5.50am” on Wednesday morning.
He claimed that he had not been served with the legal documents in the case.
When informed by the judge, who said she was not dealing with the issue of service, that he had the option of either giving an undertaking to comply with the orders or being committed to prison, Mr Kinsella asked for some time to consider things.
When the matter returned before the court Mr Kinsella asked for an adjournment on grounds that he wanted the papers looked over by a lawyer, and due to personal family circumstances.
The judge said that an adjournment would only be granted if Mr Kinsella agreed to comply with the orders between now and when the matter returns before the court.
Mr Kinsella, after again taking some time to consider the terms of the adjournment agreed to comply with the orders and was released from custody.
The judge then adjourned the matter to 10 August.
This case is difficult for all parties concerned, and may be a sign of others to follow. From John Dockrell’s point of view, his company has purchased the 154ac at Lodgewood Ferns, he is the legally recognised owner and is unable to gain access to the land.
From John Kinsella’s point of view, his rights have been impaired. The €3.5m loan to purchase the land was taken with Friends First in 2008. In March 2014, Friends First sold the loan to Emberton Finance, which sought and gained a judgment against John Kinsella and his brother within two years. The Kinsellas say they were never given an opportunity to negotiate a settlement with the vulture fund or the appointed receiver. The land was sold to John Dockrell’s company in July 2017, the belief is for a fraction of its open market value, but John Kinsella maintained occupancy of the land, and planted a spring barley crop in it that will soon be ready for harvesting.
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