Businesswoman jailed for contempt of court
A businesswoman has been jailed by the High Court over her refusal to comply with orders not to interfere with the receivership of several properties she and her husband own.
The order was made against Wendy Whitty, along with her husband Scott Dyer, who the court heard have not complied with an injunction not to interfere with several properties based in Wexford and Cork, including continuing to collect rent from the tenants.
The mother of four was not present nor represented in court when Ms Justice Leonie Reynolds made the order committing her to Mountjoy Prison until she is prepared to purge her contempt.
Last month Ms Whitty with an address at Kilbrainey, Gusserane, New Ross, Co Wexford, gave undertakings before the High Court not to impede the bank-appointed receivers.
She also undertook not to hold herself out as the person entitled to get rents from the tenants, communicate with the tenants or enter at the various properties.
Similar proceedings were brought against Mr Dyer, but a letter from his doctor stated he was too ill to attend court.
The properties are located at Sunset Avenue, Riverchapel, Co Wexford, Beales Hill, and Nelson's Terrace, both in Lower Glanmire Road, Cork, Wrixons Lane, St Mary's Road, Cork and Myrtlehill Terrace,Glanmire, Cork.
Injunctions were secured against the couple in 2017 due to their alleged ongoing interference with what are investment residential properties.
The initial proceedings were prompted after a Polish family living in one of the Cork properties, who had co-operated with the receivership, were evicted by Mr Dyer and two male associates in November 2016.
The couple obtained mortgages in respect of the properties from AIB, who appointed Ms Siobhan O'Dwyer as receiver over the properties in 2015 after the couple failed to satisfy to pay demand of €747,000.
The couple has at all times disputed the validity of the receiver's appointment.
The receiver, after being unable to get rent from the tenants in the properties, brought proceedings seeking to have the couple and the tenants at the properties come before the court to answer their contempt.
At the High Court today, Brian Conroy Bl for the receiver said in a letter to the court Ms Whitty resiled from her undertakings previously given not to interfere with the receivership.
Ms Whitty stated in her letter, that the undertakings were given under duress, challenged the competent jurisdiction of the court and claimed she was intimidated and humiliated.
Counsel said his client was also not satisfied with the contents of the letter from Mr Dyer's doctor which only stated he was suffering from an unspecified serious illness and could not attend court.
Counsel said that his client was satisfied that people living at three properties at Sunset Avenue had been allegedly told by the couple not to co-operate with the receiver.
They had now agreed to co-operate, counsel said.
Ms Justice Reynolds ordered that Whitty be committed to prison as she had "clearly resiled" from undertakings previously given to the court.
The Judge directed that Mr Dyer's doctor furnish a more detailed report about Mr Dyer's medical condition.
She was also satisfied that a company registered in the Carribean nation of Dominica, called Feileacain Finance and Property, who purportedly bought the three houses at Sunset Avenue, was a front for the couple used to collect rent from the tenants there.
The Judge, who voiced her concern about the attitude of the defendants towards the tenants, said the matter should be referred to An Garda Siochana for investigation.
She added that if the defendants or any of their agents attend at the Wexford properties the Gardaí should be called immediately.
The Judge also said the residents of the Cork properties, none of whom were present in court, should also be brought before the court for alleged contempt.
The matter was adjourned to next week.
