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Strokestown – The Untold Story: by the Anti Eviction Taskforce 2-12-20
The Strokestown debacle hinges on there needing to be a closed off warrant from the State to put the claimant party into the standing of mortgagee in possession. Except there is no such warrant. There is an unsigned warrant and Fintan Murphy, County Registrar, or any lawfully nominated agent, did not sign the warrant to hand possession over to one Pat Naughton who swore he could receive possession. Fintan Murphy and Pat Naughton were not even present on 11th December 2018, the day of the video recorded violent eviction attempt. The warrant being relied upon is not then closed off/signed/reconciled. In short Anthony McGann remains, as always, in unbroken possession of his dwelling, even of his alleged ‘premises’, and anyone else currently on his lands since 25th November 2020 are all officially trespassers and that includes any and all members of the Garda Síochána.
The presence of such a lawful warrant is the very grounding being relied upon to have sued (allegedly) Anthony and others since 11th December 2018. That then is a different case to the original case from 2009 which was to sue for possession. Some party is now claiming to be mortgagee in possession and that the Court is obliged to restore them to that standing. Except that party are not in fact mortgagee in possession and so the present entire (alleged) case is a sham, a scam and a deception on all concerned; inclusive of a deception on the Court.
It is important firstly to clarify why it is being stated ‘some party’. Everyone automatically says ‘the Bank’ or ‘KBC’ in relation to all of this. However the actual legal company KBC Bank Ireland p.l.c. is not legally before the Court. They have not sued Anthony and others after the events of December 2018. Some others who are using a name very like that of the legal company are suing (allegedly) and the name they are using is KBC Bank Ireland, p.l.c. This is not a mere typo of insertion of a comma as it carries through on all documents since then and the legal bank company is not legally described anywhere as to suing. In fact the unsigned warrant of 8th August 2018 was also in that name and so even though it is not signed as to being put into effect it is also favouring these unknown persons using the name KBC Bank Ireland, p.l.c. even prior to 11th December 2018.
For clarity then there is of course no company registered in Ireland with legal name of KBC Bank Ireland, p.l.c. and even if there was KBC Bank Ireland p.l.c. did not sell them or transfer to them any such court case, or rights to sue, all since 11th December 2018.
It is then secondly important to say why it is being stated that unknown party are allegedly suing and not actually suing. Anthony and/or others have never received a single document by way of service since 2019 which carries lawful stamping fees and so this alleged case cannot legally be in the standing it is before the High Court as nobody has ever been served lawful paperwork.
In summation then persons unknown who are using a name with no legal personality have no warrant from the State to say they are mortgagee in possession of Anthony McGann’s dwelling and lands, or even his alleged ‘premises’, they have none the less proceeded to allegedly issue a plenary summons to restore those rights they do not possess, all very cleverly failing to legally describe themselves, but crucially not legally describing the plaintiff as the legal bank company KBC Bank Ireland p.l.c. since they are not suing and whereby no lawful stamped paperwork has been served on anyone. No lawful motion then for Attachment and Committal to prison can have ensued, but especially not whereby an alleged penal indorsement on the alleged injunction Order of 11th October 2019 in question was also not signed and dated on its face to have grounded such a motion.
Once it stands accepted there is no lawful paperwork then one realises this entire debacle has merely been litigated in the court of public opinion for two years and actually not through the courts at all, whereupon those unknown persons have enjoyed unlimited access to the media to display the most shocking and sordid headlines and selective alleged facts, all displaying one side of the story only. The corollary of course is that since it has been litigated through the media only and that there is no jurisdiction for the matter to be in the High Court it means it is finally time to start telling the other side of the story publicly as a counter balance. The matter is not then sub judice for the two reasons that a) Ms. Reynolds has already found the men guilty and b) there is no paperwork for Ms. Reynolds to have had any jurisdiction to find said men guilty or to order the taking of alleged possession of Anthony McGann’s ‘premises’ and to use ‘reasonable force’ to do so since there were no legal rights to restore to any party.
From media reports then of events in Court on Friday 27th November 2020 Colm Granahan stated there was issues with the paperwork and the retort from Rossa Fanning was that ‘’it was a technical attempt to avoid the real issue of whether there would be compliance with the order.’’Ms. Reynolds on 25th November 2020 when Anthony raised the same issue stated ‘the ship has sailed’. So Mr. Fanning and the Court do not, or cannot, it appears dispute there are significant problems with paperwork. However, because Mr. Fanning instructed by Joynt & Crawford Solicitors LLP for their unknown clients succeeded in getting an alleged injunction order on that defective paperwork which they should not have gained they and the Court appear to claim all of this can be forgiven and ignored and that the three men Colm, Kevin and Anthony must bear the liability for that defective paperwork.
As Ms. Reynolds and Mr. Fanning now know all three men shall not be bearing such liability. They are unlawfully detained and Habeas Corpus is not even required to prove that as any alleged orders of committal to prison are legally void on their faces as to Plaintiff name, as but one example. Ms. Reynolds has even suggested she would provide a top criminal lawyer to Kevin Taylor. She must be suggesting then this is all a criminal matter then when of course it is not. It is civil and it is falling into the huge void and vacuum which is civil contempt of court. The only statutory basis for said jailing is covered by s.9 Petty Sessions Ireland Act, 1851 whereupon only a maximum of seven days committal can ensue, but again that is largely reserved for wilful insult of a Judge for example. Jailing three innocent men indefinitely for not complying with an alleged court order which cannot itself exist and has not then lawfully grounded a committal hearing is of course not covered therein.In contrast if it were actually a criminal matter then thecriminal courts of course would be very concerned with the veracity of paperwork, via warrants etc. when personal liberty is at stake.
Ms. Reynolds then on Monday 30th November 2020 is once again sticking on the issue that she cannot ‘go behind the order’, i.e. re-litigate matters that led to the alleged injunction Order of 11th October 2019. She is not been asked to do so when any such alleged injunction Order is not safe to be relied upon going forward from 11th October 2019. For a start it is void on its face as to plaintiff name as it is the only instrument in the name of the legal bank company, but they have no plenary summons before the High Court. Further it has not been correctly Penally indorsed so no motion for Attachment & Committal has effected on it and so there is no jurisdiction for the committal.
Ms. Reynolds then has had no jurisdiction whatsoever based on the paperwork submitted before her by the unknown claimants and the persons then misleading her clearly do not fear any consequences for their actions of having misled her to jail three innocent men and to restore rights to them they are not entitled to. That position is not tenable and unless it is corrected then the Justice system itself cannot be fit for purpose whereby one side, who are unknown, are being elevated above others now languishing in prison until they ‘consent’ to curing all such problems by purging alleged contempt. Ms. Reynolds of course has made and subscribed declaration to uphold Bunreacht na hÉireann 1937, thus without such fear or favour. Of course this matter is being dealt with under equity only,but even then those persons unknown have no equity whatsoever before the Court to have gotten any such reliefs, not withstanding the double equitable reliefs they now enjoy of retention of both the ‘premises’ and the bodies of the men and so even at equity the scales are completely skewed.
One thing now stands as fact. No lawful sale of Anthony McGann’s private property can ever ensue. There is no mortgagee in possession standing to give effect to such a contract of sale as seller and of course it is irrefutable trespassers cannot give effect to a lawful sale. The unknown claimants may deem they can hold three innocent men forever and a day but the reality is that when Anthony McGann is eventually released from unlawful State detention he is entitled to the provisions of the law which means he is free to walk peacefully back into his lands and his dwelling for which he has never lost possession and any and all who he wishes to live therein, or to visit him therein, is a matter solely for him and him alone. If those lands intend to stand as sold when he is eventually released from unlawful detention then of course the matter then needs criminal referral for the separate reason that any such alleged contract for sale would be treated as an alleged false instrument which was created to make gain and to deceive.
As an aside for those who would say the unknown claimant is entitled to possession regardless of defects in paperwork on, and since 11th December 2018, the original lender from 2003 did not have a licence to lend on such loans. Therefore all such paperwork of loan and Mortgage Deed are at issue, especially the legality of anyinterest being charged and rights to register a charge. Separately, the Order for Possession of 15th October 2012, which has now expired, was in the name of the alleged successor to that original lender being KBC Mortgage Bank, except KBC Mortgage Bank had legally changed their name to KBC Mortgage Finance since 9th July 2009 and so said Order for Possession could not be in that name in 2012 notwithstanding that it should have been in the name of KBC Bank Ireland p.l.c. who had also taken over these matters since 2009. The truth then is that the warrant of 8th August 2018 could not be in the name of KBC Bank Ireland p.l.c. as all equity in the registered charge on the folio was gone from prior securitisation(s) and whereby serious legality issues re: historical paperwork existed and so the warrant was applied for in favour of our old friends KBC Bank Ireland, p.l.c., i.e. representing persons unknown.
Moving off such matters of ‘possession’ of course there are still people who will say but what about the debt. After all Anthony McGann allegedly owes over €450K from the litigation of this through the media. That is where the matter becomes even more shocking. The historical claim is that Anthony only borrowed €180K and separately €22K, thus a total of €202K. No proper Statements exist on this when interest could not even be charged but Anthony has made significant payments over the years. That the unknown claimants have billed Anthony on this account almost €83K for the illegal and unlawful Northern Irish ‘security services’ from 11th – 14th December 2018 which they have done is very serious, especially when at least one invoice of €18,774.72 appears to be double billed on the same date of 6th March 2019. That they have also billed him legal fees to the tune of almost €31k through that account equally serious. That the legal fees of the past two months are not yet billed, but with four hearings alone in the past week fees for solicitors, junior and senior counsel will easily extend into the tens of thousands. That mortgage interest has been charged on all of these extra fees is truly shocking. That Anthony has been billed to date on a monthly basis for Accident/Unemployment and others insurances to the tune of almost €17K and that this whole debacle has effected cannot be overlooked. And so like all in this story the truth cuts to the bone. Anthony McGann’s financial affairs are not what are being reported.
Anthony tried valiantly none the less to negotiate and work with ‘KBC’ to find mutually agreeing resolution. However he was rejected in such attempts. Instead the decision was made to force ahead with no paperwork and clearly demand the State was to protect all such actions. Of course thankfully the Private Security Authority, at least,has done their job and successfully prosecuted in the District Court the role of the Northern Ireland based GS Agencies Limited whose employees and/or agents were brought south of the border to give effect to the video recorded assaults on 11th December 2018, all in an un-licenced manner. Anthony though continues to bear the bill for same of almost €83,000 as he shall no doubt be equally unlawfully billed for the unlawful trespass on his lands since 25th November 2020, now greatly compounded by Garda overtime, a new security force, extensive site fencing and house steel shuttering. And if Anthony is not being expected to pay Garda overtime for example then the ongoing gravy train that is the Irish tax payer will be tapped for same.
Finally, Mr. Fanning made a very unusual statement in court as per reporting on 30th November 2020, to the effect that his client would ideally like to have more security and they even looked at building a wall to protect their position. Of course metaphorically a wall is not needed to protect his unknown clients if their position was tenable in truth with the corollary being no wall could be built high enough around Anthony McGann’s lands by his unknown clients to keep out the true facts and the truth, just some of which are laid out here.