Courts

Man allegedly involved in unlawful occupation of Kilkenny house may face contempt hearing

David Walshe of Manor Walk has been living in and collecting rent from room sharers in a house sold at auction to someone else in August 2023, court told

The High Court was told David Walshe had phoned the gardaí and said he would meet them on Monday. Photograph: Chris Maddaloni/Collins
The High Court was told David Walshe had phoned the gardaí and said he would meet them on Monday. Photograph: Chris Maddaloni/Collins
Fri Dec 13 2024 - 18:41

A man who is allegedly involved in the unlawful occupation of a house in Kilkenny may be brought before the High Court next week to face possible imprisonment for contempt.

David Walshe has been living in, and also collecting rents from room sharers in, the house at Manor Walk, Rose Hill, the court heard.

However, the terraced house was sold in August 2023 to Adrian Fox, a garage owner of Kilcullen Road, Naas, Co Kildare, at an auction for €170,000, the court heard.

It was bought from Everyday Finance DAC which had acquired it in 2019 over default on a mortgage by a previous owner who had nothing to do with the current dispute.

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Mr Fox claimed that when the property went up for sale a demand was made that Mr Walshe be paid €146,000 for his interest in the property.

Mr Walshe appeared in videos posted on social media where he purports to provide legal advice on mortgage issues, Mr Fox said.

Mr Walshe and others have been in unlawful occupation of the property, the court also heard.

Mr Fox sought orders for possession of the property against Mr Walshe and all other “persons unknown” in occupation of the house.

On Friday, two men who said they had been paying rent to Mr Walshe of between €450 and €500 per month were brought before the High Court by gardaí following an application by Ruaidhri Giblin, instructed by Enright and Co solicitors.

Mr Giblin sought attachment and committal orders against Mr Walshe and others which meant they had to be arrested and brought to court to answer why they should not be imprisoned for contempt.

The two men said they had been served with the court orders to vacate on November 29th and understood what they meant.

One said he had been trying to get legal advice while the other said he had been actively seeking alternative accommodation. He had lived for three days “on the street” before he got this accommodation, he said.

Mr Justice Liam Kennedy accepted these men had not been told by Mr Walshe about the proceedings before they received the court orders. He agreed to Mr Giblin’s application to discharge the attachment and committal orders against them.

He also told them they could not return to the house and would have to make arrangements with Mr Fox’s representatives to collect their belongings.

The judge was told by a Garda sergeant in attendance at court that efforts had also been made to locate Mr Walshe without success. Mr Walshe had, however, phoned the gardaí and said he would meet them on Monday, the sergeant said.

The judge adjourned the matter to Monday for Mr Walshe to be brought in by gardaí or else for the court to be updated by Mr Giblin as to what the position is.