Tipperary man freed after 240 days in jail for defying court order on home repossession

High Court Reporter

A Tipperary man who has spent around 240 days in jail for defying a court order for the possession of his home has been released by order of the High Court.

Owen Ryan, 67, throughout numerous appearances before Judge Brian Cregan, had previously refused to give an undertaking that he would not attempt to get back into the house at Moat Quarter, Kilfeacle, Tipperary, which is now held by finance company Mars Capital Finance DAC.

Mars took possession of the house in July 2024 following a court order, but Ryan returned to the house the following day.

Mars retook possession a number of times subsequently, only to find Ryan or “persons unknown” had later reoccupied the property and barred entry.

Ryan identified these people as family members looking after horses, dogs and cats.

He was imprisoned in July for defying an injunction restraining him from taking over the property and has been held in Mountjoy since then.

After he was arrested following an order by the court for his attachment and committal to prison, he claimed “armed” gardaí “broke into the dwelling” and that he was “brutally abducted”, “blinded by mace” and brought him to court “under duress”.

Mars said it did not want him in prison but wanted undertakings he would not return. He refused repeatedly to give such undertakings.

Keith Rooney BL, for Mars, told the judge on Monday that just after lunchtime, the sale of the Tipperary property had closed. Counsel was, as the court had requested, informing the judge of this immediately, as it meant Mars no longer sought Ryan’s committal to prison.

The judge said he had made it clear he did not want Ryan remaining in prison one night longer than is necessary. He therefore ordered his immediate release from Mountjoy Prison, where he had been held.

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