TWO brothers were ordered to be committed to prison in the High Court yesterday for continuing to trespass on and interfere with lands at Akip, Co Laois. A 10 day stay was put on the order.
The President of the High Court, Mr Justice Costello, said Mr William Delaney and Mr Patrick Delaney of Feereigh, Donaghamore, Portlaoise, Co Laois, were in flagrant breach of both a High Court order and sworn undertakings.
In an affidavit, Mr Walter Murphy, a farmer, of Kirkpatrick Drive, Castleknock, Dublin, said he agreed in March 1995 to purchase the 75 acres at Akip from Barclays Bank, which had gained possession of the land on foot of a High Court order granted to it in October 1994.
Mr Murphy claimed that despite undertakings given by the two men in the High Court in October 1995, they had continued to trespass on the lands and were interfering with it by grazing cattle and planting crops.
The brothers, neither of whom was legally represented, claimed in court yesterday that they were still in possession of the land as a receiver had not been appointed.
Mr Justice Costello said the dispute originated from High Court proceedings taken against the Delaneys by Barclays Bank in 1991. As a result the bank came into possession of the land and later sold it.
In October 1995 both men gave a sworn undertaking not to trespass or interfere with the land.
Mr Justice Costello said he had no alternative but to make an order for the men's committal to prison until they had purged their contempt. He put a stay on the order for 10 days, however, and adjourned the hearing of the action until next Monday.
The judge said that if the two men returned to court next Monday and showed that they were not continuing to trespass on the lands or interfere with it, he would make a permanent stay on the order.