Advertisement

WATCH: High Court reserves judgment in trespass proceedings against Brian O'Donnell

The High Court has reserved judgment in trespass proceedings against solicitor Brian O'Donnell. M...
Newstalk
Newstalk

07.00 5 Mar 2015


Share this article


WATCH: High Court reserves jud...

WATCH: High Court reserves judgment in trespass proceedings against Brian O'Donnell

Newstalk
Newstalk

07.00 5 Mar 2015


Share this article


The High Court has reserved judgment in trespass proceedings against solicitor Brian O'Donnell.

Mr Justice Brian McGovern told the High Court that, after several hours of proceedings, he will reserve judgment until an unspecified time and date.

Earlier, solicitor Brian O'Donnell told the Court he didn't know how much he owed Bank of Ireland - the bank seeking the trespass order against him.

Advertisement

He says he has had a right to residence at Gorse Hill in Killiney since 2000 and that the bank was aware of this.

Representatives for the Bank of Ireland say there is no 'legal basis' for Mr O'Donnell's "walter mitty' claim to be allowed to stay at the mansion.

Mr O'Donnell earlier told the High Court that coverage of his legal battle over the Gorse Hill mansion in South Dublin is an "absolute circus".

Mr O'Donnell - who is representing himself in court - had an application to have the Judge recuse himself from the case rejected.

Bank of Ireland and receivers are seeking a trespass injunction against Mr O'Donnell and his wife Mary Patricia - who owe the bank over €70 million.

Brian O'Donnell appeared at the High Court this morning accompanied by his son Blake after leaving the Gorse Hill property at the centre of this legal battle earlier this morning.

Mr O'Donnell immediately sought to have Mr Justice Brian McGovern recuse himself from proceedings - because of a financial partnership the judge's wife and her siblings were previously involved with.

That was rejected - and the judge said the application had no legal basis, and he regrets that an issue which has already been dealt with was brought up.

Mr O'Donnell told the court that 65 journalists are camped outside the house at the centre of the dispute on the Vico Road, and that the situation is now "an absolute circus". He says gardaí have had to do drive-bys to protect the family.

Lawyers for Bank Of Ireland meanwhile told the court that Brian and Mary Patricia O'Donnell flew in from Surrey over the weekend - accusing them of using a 'tactical maneuvre to frustrate the bank'.

There is “no stateable legal basis for the right to reside” and therefore the couple are trespassers, senior counsel Cian Ferriter told the court.

Cian Ferriter, acting for the bank and the receivers, claimed that Mr O’Donnell and his wife Mary Patricia had told every court ‘here and in the UK’ that his permanent home was in Surrey.

Mr Ferriter told the court there is no legal basis for Mr O’Donnell’s “Walter Mitty” assertion he has a legal right to reside at Gorse Hill.

He claimed O'Donnell was "perched in his castle tower” - and had sent out the Land League as his 'gallowglasses' to act as his 'mouthpiece'; adding that Michael Davitt would be turning in his grave.

Newstalk.com's Richard Chambers spoke to Lunchtime about what the court has been hearing today:

Mr O'Donnell yesterday failed to leave his South Dublin home, despite the passing of a 4pm deadline to do so.

The couple had effectively barricaded themselves into their home on Vico Road since Monday morning, aided by members of the group calling itself the Land League.

On Tuesday, the couple's adult children had an injunction to stop the repossession of the Killiney home rejected by the High Court.

Last night, the Land League held a press conference where they informed reporters that "nothing should happen at Gorse Hill because O'Donnells are lawfully there."

The journalist Vincent Browne yesterday led reporters on to the Gorse Hill property in South Dublin:

Originally posted at 6.55am


Share this article


Read more about

News

Most Popular