Former ACC Bank manager's wife freed from jail in battle over home
Family said they had nowhere else to go
The wife of a former ACC manager who was imprisoned for not complying with a court order to vacate their family home was freed on bail yesterday evening following a special sitting of the High Court.
Geraldine Fitzgibbon - who spent 24 hours in Dochas Women's Prison in Mountjoy last Friday - was released on her own bond of €250, pending a full hearing of her case.
Ms Fitzgibbon and her husband Ian have been trying to stave off eviction from their family home in Kerdiff Park, Naas, Co Kildare, for a number of years.
Their mortgage with the former ACC Bank fell into arrears after Mr Fitzgibbon lost his job in 2008. The Fitzgibbon family were given until last Monday, July 24, to vacate the family home.
The family said they had nowhere else to go.
Ms Fitzgibbon, who was flanked by two gardai in court, hugged her husband on learning she was free to go. She declined to comment on the case.
The High Court heard how gardai called to the Fitzgibbon family home last Friday to enforce an order committing the couple to prison for contempt of court. Ms Fitzgibbon was arrested because her husband was not at home.
In an affidavit, Ian Fitzgibbon said his wife phoned him at 2pm from the garda car to say that six gardai had called to their home. Mr Fitzgibbon said he was deeply concerned about his wife, who suffers seizures.
He said his wife had a seizure two days before she was committed to prison, so he was deeply alarmed and worried at the possibility that she could have another seizure while in custody.
He contacted a solicitor, John Geary, who secured an emergency ex parte hearing with Mr Justice Anthony Barr late last Friday night to contest Geraldine Fitzgibbon's continued detention. Mr Justice Anthony Barr summoned all parties to a special hearing yesterday afternoon.
Yesterday's case heard details of the order for committal and a disputed undertaking given by Ian Fitzgibbon.
Mr Geary said Ian Fitzgibbon gave an undertaking on behalf of himself, his wife and his children to vacate the family home.
As his wife was not in court, his undertaking should not have been accepted.
Counsel for ACC Loan Management told the court that it will take issue with certain aspects of the grounding affidavits submitted by Mrs Fitzgibbon's side.
Mr Justice Barr said there seemed to be a very significant dispute as to what happened at a hearing on May 15 regarding the undertaking given by Ian Fitzgibbon. Mr Justice Barr said he would adjourn the case to allow ACC Loan Management and other parties to submit replying affidavits.
Sunday Independent
