A barrister has been ordered by a High Court judge to hand over vacant possession of a Dublin city centre property by 2pm today or he will face immediate imprisonment.
Mr Justice Peter Kelly issued the warning to Patrick Russell yesterday when the barrister again came before the judge in proceedings brought against him by legal costs accountant Paul Behan for contempt of court orders made last March.
The judge also described the barrister's conduct as "quite disgraceful". The court orders of March last had required Mr Russell to meet, within 14 days, obligations under a contract of July 2005 for the €1.3 million sale of a property, Unit 7 Inns Court, Dublin, and to pay additional sums of €75,000 interest and €58,817 in arrears.
On July 20th last, Mr Justice Kelly ordered the imprisonment of Mr Russell, of Steelstown, Rathcoole, Co Dublin, after finding he had "thumbed his nose" at his contractual obligations and orders of the court. Apart from a deposit of €130,000 and rent payments of €50,000, Mr Russell had failed to pay the monies due, the judge said.
Mr Russell was escorted to the Bridewell Garda station but the judge lifted the committal order after Mr Russell outlined details of arrangements with the Irish Nationwide Building Society under which he hoped to secure by Friday last funds of some €1.65 million. He said he would use those funds to meet in full his obligations to Mr Behan.
If those funds were not secured, Mr Russell said he accepted he was "duty bound" to hand over the keys of the premises, forfeit a deposit of €130,000 which he had paid, and be liable for the remainder of the sums owed and any damages due from the loss of contract. He also apologised to the court.
When the case came before Mr Justice Kelly at 2pm yesterday, the judge was told by Paul Coughlan BL, for Mr Behan, that the sale had not closed and nothing had been heard from Mr Russell's side until late Friday afternoon. He asked that the court dissolve the contract.
Dominick Hussey SC, for Mr Russell, said Mr Russell was in a meeting with the Irish Nationwide to finalise completion of the sale and he asked for a short adjournment. Mr Justice Kelly said Mr Russell seemed to think he ran the court but agreed to adjourn to 3.45pm.
At that time, Mr Russell was in court and he outlined efforts he had made to complete the sale, which included securing surveys and valuations of four other properties owned by him and obtaining deeds lost by another bank. A cheque from the INBS was "imminently available" and he had made his best endeavours to meet his obligations, he said.
Mr Justice Kelly said he could well understand why Mr Behan had no confidence the contract would be honoured. The judge said he was "wholly unimpressed" by Mr Russell's behaviour which was "quite disgraceful", particularly for a member of the Bar. He awarded costs of the hearing against Mr Russell on the highest scale.
