A COUPLE WERE released from custody after they apologised before the High Court and purged their contempt over their failure to obey a court order to leave their home.

Linda Hussey Smith and her husband Gordon Smith walked free from the Four Courts after they agreed this evening to leave their home at Hamlet Avenue, Chieftains Way, Balbriggan, Co Dublin.

Earlier at the High Court, Mr Justice Tony O’Connor directed they be sent to Mountjoy Prison for contempt over their refusal to comply with the terms of an injunction obtained by KBC Bank Ireland Plc in March.

KBC obtained an order directing them to vacate their home on foot of a Circuit Court possession order the bank obtained in 2016.

The court heard that in 2005 Gordon Smith obtained a mortgage of €220,000 from the bank. He got into arrears, and now owes KBC €275,000.

KBC went to execute the possession order for the property in February but claimed its security staff were forced to leave after persons attacked them.

KBC then obtained a High Court injunction against the couple and anti-eviction activist Ben Gilroy, who it is claimed was seen on the property requiring them to vacate the dwelling by late March.

KBC said the couple didn’t leave and brought motions for alleged contempt being brought against Mr and Mrs Smith.

The couple, representing themselves, had opposed the application and had asked for the injunction to be set aside.

The Smiths claimed they were physically assaulted in their home by “mercenaries” using illegal weapons acting on behalf of KBC, and were in fear for their safety.

They also claimed the bank committed perjury in its application for the possession order.

Gordon Smith also argued that under Article 40 of the Constitution, which affords certain protections on the family, any orders requiring the Smiths to leave the property were not valid.

In his ruling, Mr Justice O’Connor said the couple had refused, after being given a chance to obtain legal representation in the matter, to comply with the terms of the injunction.

After rejecting the Smith’s arguments, the judge ruled that the couple be detained at Bridewell Garda Station, directing their incarceration at Mountjoy until they purged their contempt was drawn up.

Within hours, the couple returned to court and apologised. They then undertook not to return to the property and purged their contempt.

The judge also told the court that comments allegedly posted on social media by Gilroy about the case had been brought to his attention.

The remarks allegedly made by Gilroy in between the period the couple were in the Bridewell and the time they returned to court.

The remarks included a description of the judge as “a satanic cult member” who in his decision to jail the couple had made the Irish Constitution “redundant”.

Gilroy had allegedly said the judge “had vacated his oath of office”.

Gilroy also allegedly stated that maybe people should “use the defence of the Dwelling Act,” and “just wait for anyone coming through the door and blow their heads off with a gun”.

The judge said the comments could amount to criminal contempt and he directed Gilroy to attend before the Court in respect of the comments later this week.