Judge refuses to recuse himself in O'Donnell case

Written By Unknown on Kamis, 05 Maret 2015 | 22.40

Mr Justice Brian McGovern has refused an application by solicitor Brian O'Donnell to recuse himself from hearing trespass proceedings against Mr O'Donnell and his wife Mary Pat.

Mr O'Donnell had asked the judge to recuse himself because the judge's wife was previously party to legal proceedings against the receiver, Tom Kavanagh, and because of comments he made during the O'Donnell children's case last Tuesday.

Mr Justice McGovern refused the application having explained he was not at all involved with his wife's proceedings.

He said his comment on Tuesday that things could be done "the easy way or the hard way" was in the context of getting Blake O'Donnell to call his father in Gorse Hill to tell him the outcome of that case.

Justice McGovern also refused the argument from Brian O'Donnell that these trespass proceedings should not be heard in the commercial court.

Brian and Mary Pat O'Donnell have been blockaded in the house since the High Court rejected an application by the O'Donnell children for an injunction to stop the repossession of the property.

The deadline for the couple to vacate their home on the order of the High Court expired yesterday.

Representatives of receivers pinned notices of trespass and to vacate on the gates of Gorse Hill in Vico Road on Tuesday night.

The self-styled 'Land League', a group opposing home repossessions, removed its blockade for a short time yesterday, but put it back in place, after what it described as "a person unknown" tried to gain entry to the house.

Last night, a spokesperson from the group, Jerry Beades, described the €7m mansion as a "bog-standard house" and "simplistic".


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