Farm Ireland
Independent.ie

Monday 22 April 2019

Three men caught trespassing on land with combine harvesters and tractors walk free from court

Large signs referring to
Large signs referring to "Vulture Funds and land grabbers"  and threatening that "trespassers will be shot" have been erected on farmland, the court also heard.

Aodhan O Faolain & Ray Managh.

Three Co Wexford men found operating combine harvesters on lands at the centre of High Court proceedings walked free from the Four Courts after agreeing to stay away from the property.

The three, Michael and Patrick Kinsella both of Tomadilly Marshalstown Co Wexford, and Fergus Kinsella of Tombrack, Ferns Co Wexford were brought before the Court by Gardai over their alleged failure to obey orders not to trespass or come within 100m of lands at Lodgewood in Ferns, Co Wexford.

At Thursday's sitting of the High Court, Mr Justice Michael Twomey was told by Morgan Shelley Bl for the landowner John B.Dockrell Ltd that the three men, their combine harvesters, tractors and trailers were found harvesting corn on the lands by Gardai on Tuesday of this week.

The three, who counsel said had no right to be on the land, are related to John Kinsella, a former owner of the land, who is the subject of High Court injunctions not to trespass on or interfere with the lands in question.

John Kinsella has twice been in custody over his failure to comply with those orders which were secured against him, his servants and agents and anyone who has notice of the orders.

Mr Michael Kinsella is a brother of John Kinsella, while Fergus and Patrick are cousins of John Kinsella, the court heard.

Counsel said the three men's actions on the lands were "in flagrant breach" of the terms of the injunctions resulting in the bringing of a motion seeking to have them brought before the court by the Gardai and jailed for their alleged contempt.

When the matter came before the Judge on Thursday morning the court heard the men denied being in contempt or having knowledge of the injunctions obtained against their relative Mr John Kinsella.

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However, the three men walked free on Thursday afternoon after their counsel Mr John McCoy Bl said they were prepared to give undertakings not to trespass on the lands and would comply with orders previously made by the High Court.

Thursday's hearing was the last chapter of proceedings concerning the lands at Lodgewood in Ferns.

Earlier this month Mr John Kinsella, after spending a few hours in Mountjoy Prison, was released from custody after he gave undertakings to comply with the orders granted last April.

He was committed to prison after he found to be in contempt of the orders preventing Mr Kinsella of Ballywilliamroe, Marshalstown, Enniscorthy, from coming within 100 metres of lands, from interfering with the property, and from blocking and impeding any entrances to the lands. 

John B. Dockrell Ltd, which grows vegetables, sought the orders because it claimed it was unable to access approximately 150 acres of land the firm purchased in June 2017 due to John Kinsella's actions.

It claimed gates on the property were chained and large concrete blocks, various vehicles were used to block access to and from the lands.

Large signs referring to "Vulture Funds and land grabbers"  and threatening that "trespassers will be shot" have been erected on farmland, the court also heard.

The company of Monroe, Screen, Enniscorthy, Co Wexford, also claimed that John Kinsella, who had previously owned the lands, entered the property without its permission and had illegally has ploughed the lands.

Those proceedings are due to return before the Court in October.

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