A High Court judge has consented to examine video evidence provided by a gentleman, Joseph Kennedy, who asserts it entirely debunks the “malevolent” allegations proffered by a debt acquisition company, Everyday Finance Dac. The company is seeking to repossession his residence.
While Mr. Kennedy does not dispute his legal right to be in his two-bedroomed house in Brackendown, Portrane, Co Dublin, he implores that Everyday Finance Dac should not have the right to enforce the orders it requests on the grounds of “falsehoods” in their affidavit. The company, who disputes Mr. Kennedy’s assertions, is appealing to the court to issue an order to prevent Mr. Kennedy, his son David Kennedy and any other individuals from inhabiting the property. The decision on this matter will be handed down on Thursday.
The company claims that it acquired possession of the house last month, following approval from the court. It believes this authority stems from the firm’s procurement of an AIB mortgage, defaulted on by Joseph Kennedy and his estranged wife.
The claim made by the firm that Mr Kennedy reoccupied the property earlier this month was supported by a sworn affidavit from a security guard. Mr. Kennedy’s lawyer, Cillian McGovern, argues in court on Wednesday that his client confesses he has no legal grounds for residing in the house, but challenges a “range of inaccuracies” in the firm’s affidavit.
Mr. McGovern expressed that “falsehoods have been perpetuated,” which has diminished his client’s standing. He insists that the court was deceived and his client’s video evidence will unquestionably demonstrate that the affidavit submitted by Everyday Finance is falsified.
However, Keith Rooney, representing Everyday Finance, maintains that Mr. Kennedy’s stance is “untenable” and his client robustly defends the affidavit. He argues that any refusal to grant his client the desired order would encourage a violation of court mandates.
Mr Justice Rory Mulcahy stated that he would review video evidence supplied by Mr Kennedy prior to making his judgement on Thursday morning. He acknowledged Mr Rooney’s argument that the video has been selectively edited.
In a sworn statement, Joseph Kennedy asserts that footage from a CCTV and a bodycam worn by his son, David, accurately depicts the events of 8th and 9th July. He disputes the company’s claims of violent and aggressive behaviour as being incorrect.
Mr Kennedy argues that he was slandered as a result of the disclosure of “malicious allegations” in the affidavit utilised by the company.
He contradicts the assertion of Everyday Finance that he entered the home under the false pretence of seeking a guitar.
Offering an alternative sequence of events, he alleges that a security officer was not present at the residence for over 24 hours and that it seemed to be vacant. On 9th July, around 4pm, he and his son reported to Swords Garda station to alert the police that the house was empty and they intended to enter, he states.
Upon reaching the property around 7pm, they noted the presence of another individual who did not claim to work for Blackwater Asset Management security services, he contends. He asserts that the man departed shortly thereafter.
“I have taken up residence in the home with the intention to negotiate its purchase,” he states, adding that he has a fondness for the property and the locality.