Businesswoman released from custody after promising to co-operate with receivership of rented houses

A businesswoman has been released from custody after she apologised to the High Court and undertook not to interfere with the receivership of several properties owned by her and her husband.

Businesswoman released from custody after promising to co-operate with receivership of rented houses

A businesswoman has been released from custody after she apologised to the High Court and undertook not to interfere with the receivership of several properties owned by her and her husband.

Wendy Whitty was jailed by Ms Justice Leonie Reynolds earlier this week, arising out of her contempt of court for failing to comply with court orders not to interfere with or collect rent from eight properties in Co. Wexford and Co. Cork owned by her and her husband, Mr Scott Dyer.

Last month she gave undertakings before the Judge not to interfere with or collect rent from tenants at the properties.

However, in a letter Ms Whitty sent to the court, and others including the President of Ireland, politicians and judges, she challenged the court's jurisdiction and said the undertakings were given under duress and that "duress voids all contracts."

Arising out of her resiling from the undertakings, Ms Whitty was remanded in custody by the Judge on Thursday afternoon.

Today the mother of four of Kilbrainey, Gusserane, New Ross, Co Wexford, after obtaining legal advice from a solicitor, apologised to the court and promised to co-operate with the receiver.

Her solicitor Mr Martin Lawlor, who had agreed to represent Ms Whitty today said his client was sorry for her actions, wished to purge her contempt and would now co-operate with the receivership.

Mr Lawlor said it was accepted that sending the letter "full of jibber jabber." to the court and others, was stupid.

His client, however, did not accept that she had interfered with the receivership since giving the undertakings.

Brian Conroy Bl for the receiver Siobhan O'Dwyer said his client had several concerns about the matter, and that there has been clear interference with the receivership.

These included that a demand was made on some of the tenants to pay rent to a "sham" company that was a front for the couple after the undertakings were given to the High Court.

Ms Justice Reynolds said she was satisfied for Ms Whitty to be released from custody after she gave a sworn undertaking not to interfere with the properties.

Ms Whitty also agreed to write to the tenants informing them that rent is to be paid to the receiver.

Ms Justice Reynolds told Ms Whitty that if there was any further interference with the receivership by her, Mr Dyer or any of their servants and agents there would "be serious consequences."

The letter sent by Ms Whitty, the Judge said, was in itself a contempt of court, and "brought the court into disrepute."

On Wednesday, the Judge committed Ms Whitty to Mountjoy Prison over her failure to comply with her undertaking not to interfere with the receivership.

Mr Conroy told the court that despite giving the undertakings there had been continued interference by the couple.

The court also heard that the couple had threatened to evict tenants who co-operated with the receiver.

Proceedings have also been brought by the receiver against Mr Dyer over the alleged interference.

That action stands adjourned to allow the receiver's lawyers to obtain further details about Mr Dyers's medical condition, who it is claimed is too ill to attend court.

Injunctions were secured against the couple by the receiver in 2017 due to their alleged ongoing interference with what are investment residential properties.

The injunction was sought after a Polish family living in one of the couple's Cork properties, who had co-operated with the receivership, were evicted by Mr Dyer and two male associates in 2016.

The couple obtained mortgages in respect of the properties from AIB, who appointed Ms O'Dwyer as receiver over the properties in 2015 after the couple failed to satisfy a demand to repay €747,000 allegedly owed to the bank.

The couple disputes the validity of the receiver's appointment.

The receiver's actions against the couple will return before the court next week.

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