'There are three Mr Martins' - businessman not impressing judge in Laois garage case

A Judge has told a businessman alleged to have breached orders not to communicate with a couple over a disputed garage used to store exotic pets that "he has done himself no favours" by not accepting service of documents in the case. 

Mr Justice David Nolan on Wednesday, June 19 made the remarks after being informed that Noel Martin Senior had refused to accept the personal service of documents in proceedings brought against him. 

Alan O'Neill, and his partner June Finnegan have sued Drumgoan Developments Limited, Mr Martin Senior and Darren Martin. The garage, which the defendants had claimed was owned by Drumgoan.

The garage is located adjacent to the couple's home at Crann Nua, Edenderry Road, Portarlington, Co Laois. The court has previously made a declaration that the couple own the garage, and it is currently being registered in their name by Tailte Eireann. 

The case came before the court earlier this when the couple obtained orders including an injunction restraining the defendants, who are alleged to have threatened and intimidated them, from communicating directly with the plaintiffs.

Mr Martin Snr is alleged to have breached that order on two occasions, and was made the subject of contempt of court proceedings. 

He subsequently apologised to the court, said the matter was a mistake and agreed not to contact the plaintiffs again.

When the matter returned before the judge on Wednesday Ruairi Giblin Bl for the couple said that despite entering into an agreement with Mr Martin Snr's lawyers regarding the service of the documents in the contempt proceedings, the defendant has failed to co-operate.

Counsel said that a summons server had not been able to serve Mr Martin Snr with the documents. 

Counsel said that after calling Mr Martin Snr the summons server asked to make arrangements to serve the papers. 

It is claimed Mr Martin Snr said in reply: "What do you want me to do?"

When the server asked the defendant to make himself available to accept the summons, the defendant replied: "No can do." and refused to co-operate.

The matter could not proceed until the papers had been personally served on Mr Martin Snr, counsel said.  On being informed of this the judge ordered Mr Martin, who was present in court, to take the witness stand. 

Mr Martin denied that he had failed to co-operation, said he has attended court on several occasions to deal with the matter, and denied speaking with the summons server. 

He said he had been away in recent weeks and shortly afterwards said he contracted the COVID-19 virus. He said that he gave his phone to others during that period.  

"There are three Mr Martins," he added. 

The judge said that he hoped Mr Martin understood that he was "in deep trouble." In relation to the contempt proceedings. 

The Judge said that while he had not made up his mind regarding the allegation of contempt, Mr Martin Snr attitude towards the service of the documents had done the defendant " no favours at all."

The judge allowed the plaintiffs' solicitors to formally serve the motion for attachment and committal with the penal endorsement on Mr Martin in court. 

When the matter returns before the court later this month the judge said he will rule if Mr Martin Snr was in contempt, and if so what sanction to impose.

Other aspects of the action, including the couples claims for damages against the defendants also remain live before the court. 

In their action the couple claim the defendants had asserted ownership of the garage.

The couple purchased their home and for an additional fee the garage, built by Drumgoan, in 2005.

The couple has kept and bred exotic pets in the garage including chameleons, tarantulas, scorpions and a female caiman alligator.  

However the garage was not properly conveyed to them, due to an oversight. 

The couple say they were unaware of this issue until recent months. 

They alleged that the defendants engaged in a "land grab" and made demands for payment from them and their neighbours.

They also claimed that the garage was damaged by agents of the defendants using a JCB.

They also claimed that Mr Martin Snr sent them threatening communications, including messages allegedly designed to intimidate his family. 

The plaintiffs also allege Mr Martin Snr threatened to make complaints about them to various agencies including Tusla and the Irish Society of Prevention of Cruelty to Animals.  

Mr Martin has previously apologised over what he said was a genuine mistake and a misunderstanding.