A west of Ireland farmer has been jailed for a third time for contempt of High Court orders to remove livestock from his lands that are up for sale.
Mr Justice Michael Twomey jailed Eugene Costello for three weeks arising out of his failure to remove all livestock cattle from 90 acres of farmland at Coolfree, Taughmaconnell, Ballinasloe, Co Galway.
Carlisle Mortgages Ltd brought proceedings against Mr Costello claiming he was trying to obstruct the sale of the land, which has been in Mr Costello's family for generations, by placing his cattle on it.
Carlisle wants to sell the lands because it claims Mr Costello has failed to repay monies borrowed from it in 2004 when Mr Costello was advanced €440,000 by Carlisle.
The land was put up as security for the loan.
Carlisle, which obtained a possession order in respect of the property in 2006, claims some €1.4m remains outstanding on the loan.
In a long-running battle, Mr Costello, who repaid €91,000 to the lender, has raised issues about the loan and has claimed it was fraudulent. Carlisle denies the claims.
The case last came before the Judge in August when he placed a stay on a three week committal order sought by Carlisle over Mr Costello’s ongoing failure to comply with court orders made in 2017.
Adjournment
Mr Justice Twomey had adjourned the case to allow Mr Costello time to remove the cattle from the lands by August 25th.
On Monday, Jarlath Ryan BL, for Carlisle, said there was “clear evidence” that an “unrepentant” Mr Costello was in “brazen breach” of court orders and undertakings.
Counsel said the cattle were not removed by August 25th and sheep and horses that belonged to Mr Costello’s relatives were also found to be on the land since the matter was last before the court in August.
His client’s agent inspected and photographed the land on Monday morning and there was still livestock on the property.
Mr Costello had lied to the court and at no stage had complied with undertakings, counsel said.
Mr Costello, represented by solicitor Robert Dore, accepted he had not complied with the undertakings given to the court last August.
Mr Dore said all of the cattle had been removed by the end of August.
Sheep and horses belonging to Mr Costello’s relatives, whom Mr Costello said were not aware of the court orders, have also been removed.
Stay
Mr Dore said his client’s case is the lands and the animals in the pictures taken by Carlisle and presented to the court were not Mr Costello’s. He asked the court to continue the stay on the committal order and that the situation could be monitored.
Mr Dore said he had very recently come into the matter and wanted the court to continue the stay.
In his ruling, Mr Justice Twomey said he was not prepared to continue the stay on the three-week sentence imposed last August.
The judge welcomed Mr Dore’s involvement in the case, which he said would hopefully prevent Mr Costello being sent to prison for the fourth time.
The order committing Mr Costello to prison was forwarded to An Garda Síochána who will then act on it.
In 2014, Mr Costello was jailed after a High Court judge found he had breached undertakings previously given to remove his livestock. He was released some days later after he purged his contempt.
Carlisle also obtained an injunction against Mr Costello in 2017 requiring him to remove the animals. When he failed to comply, he was jailed last January for a week for contempt.
Carlisle brought fresh committal proceedings last July claiming Mr Costello had again put his cattle on the lands.