To: Dermot ScanlonFrom : Philip Finlay-BryanOn October 27th at approximately 6.30 pm Mr Michael Kenany and an unknownman came into the premises at 16 Patrick Street Tullamore. I commented thathe did not look happy. He said he was angry that I had removed propertyfrom upstairs. Here is the background to my entry to the upstairsapartment.When I first viewed the premises I was given a tour of the property sometwo weeks ago I noticed an unlocked door which I commented upon. He saidit was to an upstairs apartment and requested that I not enter it as it wasnot part of the rental agreement. I asked him to lock the door and he saidhe would.After some negotiations he agreed that I would take over the property onthe 21st October and he gave me the keys.We agreed that I would pay him theagreed rent the following Wednesday 28th October.I met the owner of theproperty Mrs Kenany and we shook hands and she wished me well. I asked if Icould take a photograph of her as she was the owner and she agreed. Ichecked the property and noticed there was no fire extinguisher. Iimmediately got one an installed it in a prominent position. I began movingmy property into the premises. I wished to open the property to the publicso I immediately arranged Public Liability Insurance and Property Insurancethrough Flaherty's. I was told by them that my cover was effectiveimmediately. I then opened the premises. I printed out Mrs Kenany'sphotograph and put it in the office near the door of the upstairsapartment.Two days later the wind was blowing quite strongly and the door of theupstairs came open.It had not been locked as previously requested. Ithought there may be an open window and I was concerned there might beHealth and Safety issues so I went upstairs. I was somewhat dismayed at thestate of the upstairs and had some concerns that it was structuallyunsound. The condition of the property was extremely dangerous. I noticedthat there were what I thought to be valuable antiques in the apartment.Fearing that these were not protected and not insured I removed them to theproperty downstairs. Mrs Kenany is 88 years old and although extremelybright I thought she might not be aware of their value.The following day I told Michael Kenany that I had been upstairs andapologised to him. I asked if I could rent the apartment upstairs and hesaid under no circumstances would it be included in our agreement. I theninsisted that he lock the door and he said he would. The artifacts I hadremoved were on full display and he passed no comment.As I have said Michael Kenany and an unknown heavy set man came into 16Patrick Street. After a moment he began being abusive and told me to leaveimmediately. He threatened me with physical violence and said he woulddestroy my property. I immediatly told him I would return all the displayedproperty upstairs through the unlocked door. He became more abusive and theheavy set man began acting in a violent manner directly towards me. I satdown and asked him to please talk to me. The heavy set man and MichaelKenany physically grabbed me. In fear of my safety I took out my mobilephone to call the Garda. The phone was knocked out of my hand cracking thescreen and making it inoperable. I then pleaded with them to stop but theybecame more angry and the heavy set man grabbed me around the neck andthrew me to the floor. Michael Kenany assisted him. My cleaning lady MrsHelena Hatrasova was present during the fracas and implored them to stop. Ibelieve they made threatening gestures towards her but I could not see as I
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