Monday 17 June 2019

Farmer promises to stay away from Ferns land

A jeep parked outside lands at Lodgewood, Ferns, with various signs warning trespassers
A jeep parked outside lands at Lodgewood, Ferns, with various signs warning trespassers
John Kinsella

A Marshalstown farmer has walked free from the Four Courts after he agreed to comply with orders not to trespass or come within 100m of lands at Lodgewood, Ferns.

Mr John Kinsella, who was earlier brought to court in handcuffs by members of An Garda Síochána was released from custody after he was granted a two-week adjournment of attachment and committal proceedings brought against him for being allegedly in contempt of various High Court orders.

The adjournment was granted by Ms Justice Caroline Costello after Mr Kinsella, who was not legally represented at court and sought time to consider the legal documents in the case, gave a sworn undertaking to comply with the orders till the matter returns before the Court.

Vegetable grower John B.Dockrell Ltd of Monroe, Scree, secured court orders against Mr Kinsella preventing him coming within 100 metres of lands at Lodgewood. The order also restrains Mr Kinsella from interfering with the plaintiff's quiet enjoyment of the property, and from blocking or impeding any entrances to the lands.

The company, represented by Benedict Ó Floinn Bl, sought the orders because it was unable to access approximately 150 acres of land they had purchased in June 2017 due to Mr Kinsella alleged actions. They claim that Mr Kinsella has entered the land without permission and illegally ploughed the fields there.

It also claimed gates have been chained, that large concrete blocks impede movements on the lands and that vehicles were used to block the entrance to the lands from the outside.

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. These actions the company claims have caused it a financial loss and were fearful for the safety of persons associated with it.

On Wednesday Mr O Floinn said that there had been further breaches of the order, which included verbal threats being made to those associated with the company. In addition, counsel said that in late June Mr Kinsella sent a letter to the company's solicitor saying that he 'did not recognise' the High Courts or land registry's functions, adding that both entities 'appear to employ and utilise admitted corrupt judicial functions'.

Counsel said that Mr Kinsella also stated in his letter that he 'called a tribal counsel (sic) namely a Hy Cinnsealach of family and friends to a tribunal the day the plaintiff 'broke into my lands' and uprooted acres of 'our communal crop.'

The letter said the tribunal adjudicated that John B Dockrell 'again trespassed on my land and caused damage to acres of our communal crop and as a bona fide acting farmer this does not sit well with me nor the communal tribes.'

The letter added that Mr Kinsella would accept €30,000 in damages in order to avoid pressing charges against the plaintiff.

Mr Kinsella told the court he had been detained by the Gardai who he said 'bate in the door of the house at 5.50 a.m.' on Wednesday morning.

He claimed that he had not been served with the legal documents in the case.

When informed by the Judge, who said she was not dealing with the issue of service, that he had the option of either giving an undertaking to comply with the orders or being committed to prison, Mr Kinsella asked for some time to consider things.

When the matter returned before the court Mr Kinsella asked for an adjournment on grounds that he wanted the papers looked over by a lawyer, and due to personal family circumstances.

The judge said that an adjournment would only be granted if Mr Kinsella agreed to comply with the orders between now and when the matter returns before the Court.

Mr Kinsella, after again taking some time to consider the terms of the adjournment agreed to comply with the orders and was released from custody.

The Judge then adjourned the matter to August 10th next.

Gorey Guardian