A High Court judge has directed that the head of the controversial Rodolphus Allen Private Family Trust, Charlie Allen, should be released from custody after he gave an undertaking not to interfere with or trespass on lands in Co Kildare. Further legal proceedings are pending.
Last September, an order was made for the arrest of Mr Allen for the purposes of being brought to court to answer claims of contempt of orders restraining interference with receivers appointed over 120 acres at Kennycourt Stud, Brannockstown, near Naas.
The lands, excluding the home of the stud farm owner Eugene McDermott, were sold last month.
The receivers, appointed by Irish Bank Resolution Corporation, allege that Mr Allen was among a “mob” that had last August forced the receiver’s agents off the lands and illegally occupied the stud farm.
The receivers were off the property for several weeks before retaking possession in late September. They brought proceedings alleging contempt against Mr Allen, political activist Ben Gilroy and Mr McDermott.
Mr McDermott last week purged his contempt while proceedings against Mr Gilroy have been adjourned to a full hearing. He denies contempt.
Mr Allen was arrested in Cork on Monday and brought before Mr Justice Seán Ryan yesterday. During the brief hearing, the judge said he would direct the release of Mr Allen from custody if he gave an undertaking not to trespass or interfere with the lands. Mr Allen said he was prepared to give those undertakings.
Rory Mulcahy, for the receivers, said Mr Allen had led a “mob” that had put the receiver’s agents off the lands and breached court orders previously obtained by his clients in March 2012.
He said Mr Gilroy, a founder of Direct Democracy Ireland, had “effectively pointed the finger at Mr Allen” by telling the High Court last week he had been invited by Mr Allen on to the lands.
Mr Allen had claimed to be the property owner through an entity known as the Rodolphus Allen Private Family Trust, Mr Mulcahy said. Any claim the lands were owned by a purported trust was “not a proper proposition”.
Mr Allen, Inistioge, Co Kilkenny, expressed concerns about the case going ahead yesterday. He had expected it would be heard later this week and had been unable to instruct his legal team. Mr Allen is being represented by solicitor Cahir O’Higgins, the court was told.
Mr Justice Ryan said he had concerns about Mr Allen being in custody and not having time to consult his lawyers. He adjourned it to January 21st, when the proceedings against Mr Gilroy are also due to be heard.
IBRC had appointed the receivers arising out of Mr McDermott’s failure to repay €814,000