O'Donnell asks court if he should continue “to pack up” belongings

Brian O'Donnell
Brian O'Donnell

Solicitor Brian O'Donnell has asked the Court of Appeal if he and his wife should “continue to pack up” their belongings pending an early morning appeal of a High Court order to vacate a Gorse Hill property at 5pm tomorrow.

Mr O'Donnell appeared before three judges of the Court of Appeal on Thursday evening along with Jerry Beades, of the group styling itself as the New Land League.

He thanked the court for taking the time to allow him to appeal in person on behalf of himself and his wife Mary Pat.

“We are in somewhat of a lacuna,” he said. Hours earlier, Mr Justice Brian McGovern ordered him and his wife to vacate “the family home” on Gorse Hill, Killiney.

“There had been some publicity around this,” he said.

President of the Court of Appeal Mr Justice Seán Ryan said it would be unreal to pretend the court had no idea what Mr O'Donnell was speaking of “even if we are judges”.

Mr O'Donnell said he wanted to apply for a continuation of the stay – to extend the time he and his wife had to vacate the property beyond 5pm so they could appeal the order.

He said they needed the physical order for the appeal, they had tried to obtain it that afternoon but it was unavailable.

Mr Justice Ryan, who sat with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, said the court recognised the urgency of the situation and the position he and his wife were in.

He told Mr O'Donnell that he needed to put the other side on notice and the first question was whether there should be a stay however short that may be.

“But we're not going to make any order that will affect anybody's rights”.

Mr Justice Ryan said the court would put the matter back until 10am tomorrow on condition they put the other side on notice by phone or by email. He said phone and email would be sufficient to notify them to be in court at 10am.

Mr O'Donnell asked if he and wife should “continue to pack up”.

Mr Justice Ryan said the court was not going to say anything at this stage without hearing the other side. “Fairness dictates that nothing will happen as far as we're concerned,” Mr Justice Ryan said.

“We'll give you liberty to serve short notice of motion for 10am in this court” tomorrow.