Friday 22 September 2017

Farmer flew off in microlight as gardai tried to seize animals

File picture of a microlight aircraft
File picture of a microlight aircraft

Tim Healy

A FARMER "took to the air" in a microlight aircraft when gardai and security men arrived at his repossessed property to remove livestock over a debt, the High Court heard.

Patrick Canty, from Croom in Limerick, also drove a tractor around in circles on the land at Tooreen, Limerick, in June 2012, Ms Justice Elizabeth Dunne said.

Yesterday she ruled there was nothing to prevent a mortgage company proceeding with its repossession order over the property.

The judge said a court, in June 2008, ordered that the lands be repossessed on foot of an application brought by Carlisle Mortgages Ltd in relation to a debt owed by Mr Canty.

Mr Canty obtained a five-month stay on the order and its execution was again postponed when he made a €15,000 payment to Carlisle.

No further payment was made and in February 2012 Carlisle's solicitors notified Mr Canty the repossession order would be executed, and he was asked to remove livestock from the land.

He was also told he would be in contempt of court if he failed to do so.

He didn't remove the livestock despite another request from the court messenger for Limerick, Ms Justice Dunne said.

On June 19, 2012, the court messenger, three gardai and two security men went to the lands at 7.30am.

The judge said the gates were locked and animals still on the land.

Mr Canty's actions that day involved him "taking to the air for a period of time in a microlight aircraft and subsequently driving a tractor around in circles on the land", the judge said.

"His behaviour on that occasion was somewhat bizarre, obstructive and uncooperative," she said.

EXECUTE

It was not possible to execute the court order that day and despite it being renewed in July 2011, it expired in July 2012.

Carlisle asked Ms Justice Dunne to renew the order, but Mr Canty opposed this, saying it was not open to the court to do so because it should have been renewed during the currency of the previous order.

Ms Justice Dunne yesterday declined to renew the order but said there was nothing to prevent Carlisle from seeking to have another execution order in the normal way though the High Court Central Office.

Irish Independent

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