Jail threat hangs over man found in contempt of court over Laois garage used to store exotic pets

A Judge has found a businessman in contempt of court for "deliberately and flagrantly"  breaching orders not to communicate with a couple over a disputed garage used to store exotic pets. 

Mr Justice David Nolan on Wednesday made the finding in respect of Noel Martin Senior, who the judge said had not only breached a court order but also his own undertaking that he would not contact the other parties.  

The ruling was made in proceedings where Alan O'Neill, and his partner June Finnegan have sued Drumgoan Developments Limited, and its alleged operators Mr Martin Senior and his son Darren Martin over the ownership of a 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.

The court, with the consent of the parties, previously declared that the couple own the garage, and it is currently in the process of being registered in their name by Tailte Eireann. 

When the case first came before the court the couple secured 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.
The judge said Mr Martin Snr had contacted the plaintiffs by WhatsApp where it is alleged he had threatened them. 

The judge said the tone of the messages, which reflected badly on Mr Martin Snr, was aggressive, threatening and contained allegations that the couple kept dangerous animals in the garage. 

The messages sent after the injunction was made, the judge added, were rude and threatening, and stated that the couple would be reported to various authorities over the "keeping of dangerous unlicensed animals."  

The judge said while Mr Martin Snr had "adopted a sensible approach of accepting he had breached the order," there could be "no doubt whatsoever" that he had breached the court's order in a manner that was "flagrant and deliberate."

The judge also said it appeared that Mr Martin Snr didn't really believe he had done anything wrong, and it was not clear to the court if the defendant fully understood the position he was in.  

In considering what sanction to impose on Mr Martin Snr, the court was conscious that jailing him "would place a financial burden on the state."  

Jailing somebody for contempt, the judge added, should also be done "as a last resort." 

The judge noted submissions from Mr Martin's lawyers for leniency. 

The judge said that he was adjourning the matter to a date in October to see how Mr Martin gets on over the next three months.   
The judge said he had a concern that when this aspect of the case ends, Mr Martin might "revert to the type of bullying and coercive behaviour which he engaged in to date, not just with the parties involved in the case, but also with other home owners on the housing estate." 
Mr Justice Nolan warned that if there was "any further intimidatory behaviour" he would have "no hesitation in sending Mr Martin Snr to jail." 

Following an application by Ruaidhrí Giblin BL for the couple, the judge said that Mr Martin Snr must pay both side's legal costs of the contempt proceedings. 

The couples' claim for damages against all of the defendants remains live before the court.   
 In their action the couple claim the defendants asserted ownership of the garage the plaintiffs purchased along with their home, which were built by Drumgoan, in 2005.

The judge said that the couple had "an unusual hobby" of keeping exotic pets in the garage including chameleons, tarantulas, scorpions and a female alligator.  

However the garage was not properly conveyed to them, due to an oversight. 
The couple say they were unaware of this issue until earlier this year when they claim the defendants engaged in a "land grab" and made demands for payment from them and their neighbours for the garages.

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. 

In his ruling the judge said that what was "striking" about all of this was "the belligerent tone" taken by Mr Martin Snr over what was a property dispute. 

The judge said it was "personal, vindictive, and designed to cause the maximum amount of pain, upset and disturbance to the plaintiffs." 

Mr Martin Snr apologised over what he said was "a genuine mistake" and "a misunderstanding" and rejected claims he was involved in a land grab.