Carrickmacross farmer claims he is haunted by shooting dead of cattle by members of defence forces

The High Court has been asked to extend by up to ten years the bankruptcy of a Co Monaghan farmer whose cattle were shot by members of the defence Forces in 2016.

The extension application has been made in respect of Mr John Hoey, from Carrickmacross, who opposes the application, and told the court that he remains "haunted " after witnessing the shooting of his cattle in July 2016.

Mr Hoey was declared bankrupt on foot of a petition brought by John Kelly Fuels Ltd for €262,000.  He was declared a bankrupt in February of 2016, and was due to exit the process 12 months later.

However the official in charge of bankruptcy the Official Assignee Mr Chris Lehane claims Mr Hoey has failed to co-operate with the process, and in what have been lengthy proceedings has asked the High Court to extend Mr Hoey's bankruptcy.

Mr Lehane claims that Mr Hoey has failed to co-operate by failing to provide a a Statement of Affairs detailing all of his assets.

Mr Lehane claims that in attempting to recover Mr Hoey's assets that he has had to take various steps including issuing several warrants in 2016 allowing him to search a number of locations and seize items including farm machinery and vehicles belonging to Mr Hoey.

Mr Lehane said that on two separate occasions cash, totaling €17,000 that was detected by sniffer dogs, was recovered following searches of Mr Hoey's property.

The court also heard that Mr Lehane obtained freezing orders in respect of monies paid by cheques from a meat processor to Mr Hoey, and  had to take steps using defence force marksmen to humanely destroy cattle on Mr Hoey's farm.

In July 2016 five cattle on his farm were shot dead by members of the defence forces. Mr Lehane, said at the time that most of the herd was removed from the farm, but five animals proved difficult to catch.

Represented by Bernard Dunleavy SC the Official Assignee is seeking an order under Section 85 of the 2015 Bankruptcy (Amendment) Act that the bankruptcy be extended by 10 years.

The maximum period of extension that can be sought under the act is a 15 year extension from the date of the adjudication of bankruptcy.

Mr Hoey, who is represented by Eanna Mulloy SC instructed by solicitor John Geary, strongly denies that he has not co-operated with the OA, and says that he furnished Mr Lehane with a statement of affairs.

He says that between the date of his bankruptcy adjudication in February 2016, and May 2016 everything that he had worked for over 35 was "literally wiped out and destroyed" by Mr Lehane and his agents who he described as "a band of rented thugs."  

He said that was bullied and intimidated by an agent of the OAs. He rejects claims that his cattle were put down humanely, said he could have been contacted to remove them from the land and that they were shot without any warning to him.

One of the heifers as it lay dying, he said, was shot twice in the head by one of the army shooters. There was nothing humane about the manner the animals were treated that day, Mr Hoey said. 

Mr Hoey also claims that assets in his estates have been sold at an undervalue, and that his reputation has been damaged by the OA and his agent's actions. 

As part of the application Mr Hoey's lawyers are cross-examining Mr Lehane on his bid to extend the bankruptcy.

In reply to Mr Mulloy Mr Lehane said that he had attended Mr Hoey's farm after the bankruptcy adjudication with members of the Gardai, including garda in the Emergency Response Unit, but had done so on the advice of Gardai

However he accepted that on that and other subsequent occasions that he attended at the farm he had not felt threatened by Mr Hoey.

The application before Ms Justice Teresa Pilkington continues.