A judge has ordered a businessman to vacate a bar and restaurant after a long and bitter battle over the premises.
John G Larkin and his wife Honey outside Letterkenny Courthouse after yesterday’s case.
David Mackey was given seven days to leave the Millview Bar in Letterkenny after a fractious stand-off with landlord and owner John G Larkin.
What started off as an amicable business agreement in 2006 ended up in a violent altercation in which doors were smashed in and a chainsaw being brandished.
Mr Larkin took Mr Mackey to court in a bid to get him ejected from the premises claiming his tenant owed him up to €150,000 in unpaid rent and other items.
Mr Mackey’s barrister claimed that figure was more like €50,000.
Mr Larkin told Letterkenny Circuit Court that he could not trust Mr Mackey any more.
The Millview Bar and Diner at the centre of the disputed case.
The court was told that there has been no rental payments on the property by Mr Mackey since January 17th, 2012.
Mr Larkin said he received numerous cheques from Mr Mackey but claimed a number of them had bounced.
The premises had initially been fitted with 10 bedrooms for bed and breakfast but Mr Mackey asked Mr Larkin if he could open an upstairs restaurant instead.
The landlord agreed and fitted out a new restaurant called Flavours and agreed to give him a year’s free rent to see if the business took off.
In December 2010 the restaurant was destroyed by flood damage.
Mr Larkin told the court he was never reimbursed as Mr Mackey had never paid the insurance premium on the premises as had been agreed.
On March 21st, 2012, Mr Larkin said he had had enough and went to change the locks on the premises.
He was forced to employ security men from Dublin as he discovered his own security firm MICAD had been telling Mr Mackey what they were doing – a whistleblower as Judge O’Hagan referred to them.
Mr Larkin and his group entered the building at 8.05am and took possession.
Mr Larkin then said he phoned Gardai, they arrived and he told them he had taken possession and there was no breach of peace.
However he revealed that throughout the day a large crowd of more than 30 people gathered.
A small crowd including Mr Mackey tried to break their way into the back door and Mr Larkin said he was injured with a crowbar.
“A chainsaw was brandished at one stage,” he said.
However as they tried to keep these people out, another crowd were breaking their way into the building through its skylights.
Mr Larkin said the men stayed there and it was made known to them that they were going to “ramraid” the rest of the building.
He said his wife Honey began to cry and it was then he decided to leave the building.
Judge John O’Hagan said he appreciated there was a lot of emotion in the case but that there was only one law on it.
Mr Mackey’s barrister Seamus Breen asked for a ten minute recess.
When he returned he said his client was withdrawing from the proceedings but asked for 28 days to leave the premises.
Barrister for Mr Larkin, Conal Kelly, said his client wanted Mr Mackey out immediately.
Judge O’Hagan said he would give Mr Mackey seven days to leave the premises.
He also warned Mr Mackey that if he caused any damage to the premises he would face contempt of court and could find himself going to prison.
Judge O’Hagan also ordered Mr Larkin to get an assessment of the cost of equipment belonging to Mr Mackey.
He reserved the matter of costs and adjourned the case until July 29th.