A High Court judge has given a farmer a three-week stay on a committal order to imprison him, to allow him time to complete his annual TB test.

Justice Tony O’Connor told the High Court on Tuesday 25 June that in regard to TB the “integrity of the national herd is hugely important and in that context the court will grant a stay”.

Farmer Tom Morrin of Donore, Caragh, Naas, Co Kildare, was facing imminent imprisonment as a result of an ongoing case between him and receiver Tom Kavanagh in regard to Morrin’s 50ac farm in Kildare.

The receiver’s action is based on a 2017 judgement ordering the eviction of Mr Morrin over a debt of over €3m the farmer owes to Pentire Property Finance Ltd, a vulture fund which bought the farmers’ debt from Bank of Scotland in 2015.

Income

Mr Morrin told the court under oath that he had been an insurance and mortgage broker in Naas during the “last boom” but now farming was his only means of income and the farm in question had been in his family since 1861.

Stephen Byrne, the barrister for the receiver, put it to Mr Morrin that he was using the TB test as an “additional card” to buy more time.

But Mr Morrin insisted that his vet would have thought it was strange to move the TB test forward over the court case.

“Wouldn’t a good response be to say that I’m facing jail?” Mr Byrne retorted.

Mr Morrin told the court that he had approximately 120 animals between six months and three years old.

Justice O’Connor asked Mr Morrin: “Do you have any idea where you’ll move them [cattle] because this isn’t looking good.”

Mr Morrin replied he would have to find land to rent or sell them.

Warrant

The judge gave him a stay until 2pm on 15 July, after which time the receiver can seek a warrant for his immediate arrest if he has not vacated the farm and removed all animals and chattel.

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