A man accused of unlawfully reoccupying his north Co Dublin home, which was taken by a debt purchasing firm on foot of a court order, says he has footage that debunks claims about a security guard being mistreated at the property.
Joseph Kennedy told the High Court on Tuesday that Everyday Finance DAC’s allegations against him and others are “not true” and he had CCTV and body camera footage to back up his rebuttals.
An alleged interaction at the two-bed house at Brackendown, Portrane, last Thursday was “very mild-mannered” and “peaceful”, he said, adding that he finds himself in a “very stressful position”.
Everyday Finance told the court on Friday that Mr Kennedy has reoccupied the property it possessed last month following sanction from the court. It claims it purchased an AIB mortgage in default that was taken out by Mr Kennedy and his estranged wife.
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It alleges a security guard contracted to secure the premises was approached by Mr Kennedy last Thursday and was shortly afterwards grabbed and forced out by four unidentified men.
Everyday Finance alleges the security guard reached his vehicle before several men emerged from the property, kicked his car and verbally abused him. He was followed to Malahide Garda station by a Nissan SUV, which shoved into his car, the firm claims.
Everyday Finance says gardaí did not take a criminal complaint. It claims the security guard observed about 20 people at the house when he returned that evening.
Mr Justice Mark Sanfey on Tuesday questioned the man who identified himself as Joseph Kennedy about his legal entitlement to be in the property.
Mr Kennedy said he has been misinformed by people who said they know what they are doing. He said his solicitor could not arrange for him to be represented in court at such short notice. He said he lost his business in 2008 and “everyone ran off with my money”. However, he said he has “no problem paying these people”, as “thank goodness things have turned around”. He said he recently had a brain operation and spent weeks in hospital.
A younger man, who said he was Mr Kennedy’s son, David Kennedy, told the court he was living at the property after returning to Ireland from Australia. He told the court he is “in possession”.
“I had heard of things but I had no idea. My father needs help with this … That is why I am here,” he said.
A carpenter by trade, David Kennedy said he and friends carried out substantial repair works to the upstairs of the house after it was damaged by a fire. “I would never have rebuilt the home if I knew I was rebuilding the home for Everyday Finance and the receiver,” he said.
The judge said Everyday Finance is making “extremely serious allegations” against Joseph Kennedy and those who were allegedly with him on Thursday.
The judge said he has not heard anything yet that points to a legal basis for them occupying the property. This issue will be the focus of his attention when the case returns to court next Wednesday, he said. The judge said he hopes the pair will take legal advice.
Everyday Finance’s case asks the court to make an order restraining the Kennedys and anyone else from occupying the property. It acknowledges Joseph Kennedy was living in the property before it executed its possession order last month. The firm says he issued court proceedings against it after it took repossession.
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