The legal wrangling over the palatial Gorse Hill house in Killiney has been bubbling for years now but has finally come to a head in the past few months.
The return of solicitor Brian O’Donnell and his wife Mary Patricia to the mansion from their permanent home in the UK on the weekend before Monday March 2nd was the catalyst for the ‘barricading’ of the property by members of the so-called New Land League.
Members of group, which Brian O’Donnell claims doesn’t represent him, including Jerry Beades and John Martin, were ever-present sights in the opening days of the blockade. They claimed they were invited by the O’Donnells on the understanding that a receiver, appointed by Bank of Ireland, was due to arrive on Tuesday March 3rd.
The bank had been pursuing the family for debts in excess of €70 million and had been granted a court order to take possession of the house against the wishes of the four adult O’Donnell children, who had been living at Gorse Hill up until the beginning of March. By the evening of Tuesday, the receivers’ patience was withering.
Legal documents were nailed to the property’s gates warning the O'Donnells that they must leave by 4 o'clock the following day, Wednesday March 4th.
“It’s a bog standard house”
That Wednesday will be seen as the crescendo of the Gorse Hill story. Dozens of journalists and camera crews gathered on Vico Road in anticipation of the impending deadline.
By noon, the Land League’s Jerry Beades had arrived at the property and wanted to give a brief statement to the press before going inside to meet the family. He hadn’t counted on the appearance of one Vincent Browne.
When Vincent crossed into Gorse Hill#vinb https://t.co/YK55x9W2z5
— Richard Chambers (@newschambers) March 4, 2015
The broadcaster demanded access to what he described as “bank property”, derided journalists who wouldn’t cross the threshold with him as “wimps” and refused to co-operate with Mr Beades. The moment was brought to you live on Newstalk Lunchtime.
Vincent Browne then led what Brian O’Donnell would later describe as a “posse” of journalists down the long driveway and onto the grounds of Gorse Hill. The size and trappings of the house, which were blocked by a high wall and gate were immediately apparent.
In between several knocks on the door in an attempt to speak to Brian O’Donnell, reporters walked around the swimming pool and tennis court.
Vincent / Gorse Hill https://t.co/FyIG0Re6ct
— Richard Chambers (@newschambers) March 4, 2015
As the 4pm deadline to vacate expired, the matter had caught the public’s attention. Vincent’s exploits were the focus of a special edition of his TV3 programme later that evening. Jerry Beades, formerly a Fianna Fáil activist, was a guest and infamously described the house as “bog standard” prompting an incredulous reaction from the host.
O’Donnell was “perched in his castle tower, sending out his gallowglasses from the Land League to act as his mouthpiece”
The matter returned to the High Court on Thursday March 5th where the Bank of Ireland sought a trespass order against the O’Donnells.
The Court sat at 11am before Mr Justice Brian McGovern, who Brian O’Donnell immediately sought to have recuse himself from the case. It was over dealings the judge’s wife and her siblings had previously entered into with Ken Fennell, a partner of receiver Tom Kavanagh.
Mr Justice McGovern rejected that, saying it had no legal basis. Brian O’Donnell told the court he and his wife had been given a right to reside at Gorse Hill by Vico Ltd, the company run by his four adult children, since 2000.
However, Senior Counsel Cian Ferriter for the Bank of Ireland told the court there was no legal basis for Mr O’Donnell’s “Walter Mitty” assertions. He said the O’Donnells were “perched” in their castle tower, sending out “gallowglasses” from the Land League to act as their mouthpiece.
Brian O’Donnell made reference to the vast media interest in the case, describing it as a “circus”. He described Vincent Browne leading a “posse” of journalists onto the property. Mr Justice Brian McGovern reserved his judgment.
The O'Donnells make their exit pic.twitter.com/SzzK1xx4GA
— Richard Chambers (@newschambers) March 5, 2015
“You are a trespasser”
The matter returned to the High Court for judgment the following Thursday (March 12). In the intervening days, two of Brian O’Donnell’s adult children, Blake and Blaise, appeared on the Pat Kenny Show.
Mr Justice Brian McGovern first dismissed O’Donnell’s application to cross-examine the receiver in the case before moving on to the trespass injunction itself.
Breaking: Mr Justice Brian McGovern grants trespass injunction against O'Donnells at #GorseHill
— Richard Chambers (@newschambers) March 12, 2015
The judge granted the order declaring Mr O’Donnell a trespasser, saying he flew in to Dublin to “frustrate” the bank and the receiver and gave both himself and his wife until 5pm the following day to back up their belongings and leave. Brian O’Donnell, representing himself in court as he had done so throughout the affair, immediately indicated he would be appealing the matter.
Ferriter: Mr O'Donnell must now leave #GorseHill. They are trespassers from this point onwards. This is another attempt to bog the bank down
— Richard Chambers (@newschambers) March 12, 2015
After attempting for several hours to have an immediate appeal heard at the Supreme Court, Brian O’Donnell and the Land League’s Jerry Beades left the Four Courts for the Court of Appeal.
The matter was heard before the three judge panel led by Court of Appeal President Sean Ryan. He told Brian O’Donnell that while he couldn’t “pretend” he hadn’t heard of the case, it wouldn’t be fair to hear an application for an appeal without the presence of the plaintiffs.
The Bank of Ireland “set fire” to our businesses around the world
The application for appeal was heard by the same panel the following afternoon. Cian Ferriter for the Bank of Ireland reiterated that he believed there was no legal basis for Mr O’Donnell and his wife being allowed to remain at Gorse Hill any longer. He once again hit out at the Land League’s role in the “blockade” of the property, prompting Jerry Beades, who was sitting beside O’Donnell, to rise to his feet in an attempt to “defend himself”.
Mr Justice Sean Ryan didn’t allow that to happen, asking the Land League spokesperson to resume his seat. After rising for half an hour, the Court returned its judgment extending the O’Donnell family’s stay at Gorse Hill until Thursday March 19th.
So the Battle of #GorseHill will rumble on for 6 more days at least. We're waiting for Brian O'Donnell to leave #ntfm pic.twitter.com/zK4OKHw6nZ
— Richard Chambers (@newschambers) March 13, 2015
Jerry Beades: Brian O'Donnell is "relieved" by the stay granted. Will be returning to #GorseHill, has huge task ahead pic.twitter.com/6R2yUihHhg
— Richard Chambers (@newschambers) March 13, 2015
"The days are gone when a husband can say what his wife wants"
When the appeal returned to Court, Brian O’Donnell once again declared his intention to represent himself and his wife in court.
Ms Justice Mary Finlay Geoghegan told him: “it’s her appeal, and the days are gone when a husband can say what his wife wants”. Brian O’Donnell’s submissions focused on the refusal of his application for High Court Judge Brian McGovern to recuse himself, his contention that he had a ‘contractual’ right to reside at Gorse Hill granted to him by Vico Ltd since 2000 and that his dealings were with Bank of Ireland Private Banking Ltd rather than the Bank of Ireland.
Dr Mary Patricia O'Donnell eventually arrived in court. Her contribution was brief. She was asked by Judge Finlay Geoghegan whether she consented to Brian O'Donnell representing her and whether she understood the consequences of an unsuccessful appeal. "I do," was her response to both points.
When the three judge panel told both sides that the matter “must be finished” on Friday March 20th, it seemed that the affair was steaming towards a conclusion one way or the other. Brian O’Donnell had one final gambit.
He challenged the authority of Bank of Ireland staffer Nicola Coyle to sign the papers appointing Tom Kavanagh as Gorse Hill’s receiver. The move ensured the couple would be immovable for the best part of a week as the plaintiffs were ordered to find the original documents.
Judge Mary Finlay Geoghegan reserved judgement until April 15th, and extended the stay on the order to vacate Gorse Hill until then.
The beginning of the end?
When the 15th of April rolled around, the Court of Appeal told Brian O’Donnell that he and his wife must vacate the Gorse Hill mansion in south Dublin.
However, again, the Court granted a two week stay.
Delivering the 45 page Court of Appeal’ judgment, Ms Justice Mary Finlay-Geoghegan said the matter demonstrates the difficult situation families can find themselves when they give security over their home in relation to borrowings - and said they are a cause of great emotional upset and distress.
On the 28th of April, the Supreme Court refused him leave to appeal a trespass order and ordered that he must leave the house on the following day but Mr O'Donnell wasn't going to go quietly.
Keep the keys
Receivers took possession of the Gorse Hill property in Dublin on the 29th of April.
Brian O'Donnell and his wife Mary Patricia left the property this morning ahead of a noon deadline set by the courts.
However, Mr O'Donnell then headed to the Bank of Ireland AGM - where he presented CEO Richie Boucher with the keys to the €7m Killiney mansion.
Brian O'Donnell has just lobbed the keys to #GorseHill to the top table at the Bank of Ireland AGM pic.twitter.com/4zJkN6XMlP
— Richard Chambers (@newschambers) April 29, 2015
Despite the arrival of the receivers at the house, the Land League stated that it was taking possession of the property for an Isle Of Man registered company - Vico Limited - which is controlled by the O'Donnell's adult children.
Jerry Beades, from the Land League, says he has been instructed to send the keys of the property to the Isle of Man.
I reckon he's quite pleased with that move. #gorsehill https://t.co/pRpswKSOMY
— Richard Chambers (@newschambers) April 29, 2015
O'Donnell also reiterated his intention to take his case to the European courts. It might not be the last we've heard of this...
