herald

Monday 23 October 2017

Brian O'Donnell is warned of jail if he does not leave house by 5pm deadline

Brian O'Donnell leaving 'Gorse Hill' (at 7.45am). Vico Road, Killiney, Dublin. Picture: Caroline Quinn
Brian O'Donnell leaving 'Gorse Hill' (at 7.45am). Vico Road, Killiney, Dublin. Picture: Caroline Quinn
Brian O'Donnell

SOLICITOR Brian O'Donnell has been warned he faces jail if he does not vacate Gorse Hill by 5pm this evening.

Representatives of the receivers arrived last night at the Killiney mansion where they nailed an eight-page court order to the gate of the former O'Donnell residence.

The notice warned of "imprisonment for the purpose of compelling you to obey (the court order)" if Mr O'Donnell and his wife Mary Patricia fail to leave the property this evening.

The O'Donnells have sought to be allowed to continue living in the mansion despite owing Bank of Ireland €71.5m.

The receivers arrived about an hour after Mr O'Donnell returned home from court, making no comment as he drove through the gate. He and his wife are to appeal this morning against the High Court order that they vacate the house.

Mr O'Donnell appeared before three judges of the Court of Appeal along with Jerry Beades from the group styling itself the New Land League and the case is set to resume this morning.

Mr Beades told the Herald last night that his organisation had no intention currently of returning to Gorse Hill where they were stationed last week in a bid to prevent the bank taking control of the house.

READ MORE: O'Donnells must leave Gorse Hill by tomorrow evening, judge rules

He confirmed that he is continuing to support his friend Mr O'Donnell in his court appeal today and said they "feel we'll be successful".

Hours earlier in the High Court, Mr Justice Brian McGovern ordered Mr O'Donnell and his wife to vacate the house.

Judge McGovern found that the couple were trespassing at their former family home and refused Mr O'Donnell's application for a six-month stay on his order preventing him interfering with the receiver's right to take over the house.

OCCUPY

The judge said the couple lived in England and had travelled here to occupy the house in Killiney.

The judge gave Bank of Ireland an order preventing the couple from interfering with receiver Tom Kavanagh who had previously been granted possession of the house.

Mr Justice McGovern said the receiver had a right to possession pending the full hearing of the O'Donnells' challenge.

hnews@herald.ie

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