Brian O'Donnell arrives at the Court with his Son Blake.

Solicitor Brian O'Donnell is before the High Court to contest a Trespass Order that Bank Of Ireland has taken against the couple after they took up residence at Gorse Hill in Killiney.

Cian Ferriter, acting for the bank and the receiver claimed the couple were trespassing because they had told "every court here and in the UK" that their permanent home was in East Haxted, Surrey, in England.

Expand Expand Expand Previous Next Close Thursday 05 March 2015. Gorse Hill. Brian O'Donnell leaves his house this morning in KIlliney on the way to court. Thursday 05 March 2015. Gorse Hill. Brian O'Donnell leaves his house this morning in KIlliney on the way to court. Thursday 05 March 2015. Gorse Hill. Brian O'Donnell leaves his house this morning in KIlliney on the way to court. / Facebook

Twitter

Email

Whatsapp Thursday 05 March 2015. Gorse Hill. Brian O'Donnell leaves his house this morning in KIlliney on the way to court.

He said the couple had flown in from England at the weekend after their children were given "short service" from the courts last Wednesday.

"Mr and Mrs O'Donnell have no legal basis to occupy the property and they are trespassing," he said.

The case is being heard before judge Brian McGovern and was taken by the receiver acting on behalf of Bank of Ireland which is seeking to repossess the former O’Donnell house, Gorse Hill, on Vico Rd in Killiney.

Mr O’Donnell told the court that the family had faced “impossible timescales” placed upon them by Arthur Cox to reply to legal orders.

He said they had been given 24 hours to put together an affadavit following Tuesday’s injunction decision.

Meanwhile he said there were "65 journalists and satellite trucks" parked outside the house.

" The thing is an absolute circus. We have people invading the house," he claimed, adding: "Gardaí have had to do drive-bys to protect us."

Mr O’Donnell also claimed a representative of the receivers Kavanagh Fennell had allegedly attempted to gain entry to the house.

Expand Expand Previous Next Close Gorse Hill, the home of solicitor, Brian O'Donnell this afternoon in Killiney pictured this afternoon. Picture Colin Keegan, Collins Dublin. Colin Keegan, Collins Dublin / Facebook

Twitter

Email

Whatsapp Gorse Hill, the home of solicitor, Brian O'Donnell this afternoon in Killiney pictured this afternoon. Picture Colin Keegan, Collins Dublin.

Mr O’Donnell told the court he is considering taking his case to the European Court of Human Rights.

Meanwhile, he earlier put an application before Judge Brian McGovern seeking him to stand down from hearing the case, claiming that the judge's wife once took legal proceedings against the receiver Kavanagh Fennell.

However this was rejected by the judge, who refused the application.

Cian Ferriter claimed there was no evidence to support Brian O'Donnell's "Walter Mitty" approach.

Mr Ferriter claimed O'Donnell was "perched up in his castle tower behind the walls and had sent out the Land League as his gallowglasses to act as his mouthpiece".

O'Donnell has asked the court for more time to consider all that happened this morning.

Mr Ferriter says there's nothing more left to say and that it's "just another attempt to kick the can down the road."

Blake, Blaise and Alexandra O 'Donnell were in court to support their father.

Gerry Beades of the self-styled Land League was also in court.

Judge says he is not going to adjourn the hearing, saying matters have been before the courts since before 2013 and that O'Donnell must have known about them.

When the hearing resumed after lunch, Mr O'Donnell told the court about the right of residence himself and his wife claim to have at Gorse Hill.

"We've even had senior managers from Bank of Ireland visit the house. They clearly understood and knew what the position was. There was no mystery about this," he told the court.

Mr O'Donnell said that during their London bankruptcy hearing, the bank's main thrust had been: "Why don't you go back to Ireland? Why don't you live rent-free? Why don't you exercise your right of residency? We know the situation at Gorse Hill."

Brian O'Donnell told the court Gorse Hill was valued by the bank at €4m in 2012. "we don't know what it's worth now," he says, claiming it may "probably" have doubled or gone up by 50pc more since 2012.

"I am not a member of the Land League. I know Jerry Beades as a friend," he continued.

He told the court the purpose of blocking the gate with a car was due to at least three occasions when people came rushing into the garden. "It happened a number of times," he said.

Vincent Browne led a posse through yesterday, he told the court.

The hearing is continuing.

Online Editors