A father and son have narrowly avoided jail for their role in a chaotic late night farmyard scene where they confronted Gardaí, which has been compared by a judge to something from the Wild West.
At Kilrush District Court on Tuesday, Judge Mary Larkin imposed prison terms on Denis Waters (53), and his son Brian Waters (25), after they confronted Gardaí with a pitchfork and a calving jack during a late night incident at Derreen, Tullycrine near Kilrush on October 26, 2021.
Judge Larkin imposed a six month prison term on Denis Waters and a three month prison term on his son, Brian. However, she later imposed community service orders in lieu of the prison terms after the probation service deemed both suitable for community work.
Denis Waters has been ordered to carry out 160 hours of community service while Brian Waters must carry out 120. Judge Larkin stated:
“It is quite extraordinary how this situation kicked off. I am not happy with the way they conducted themselves. You can’t have people obstructing Gardaí and threatening them with pitchforks.”
She added that Brian Waters was being disingenuous in his interview with the probation officer when stating that his physical involvement “was to stop a Garda interfering with a cow calving”.
Solicitors for both men involved outlined that “chaos” unfolded and “all hell broke loose”, when Brian Waters, who was helping a cow to calve at the time, saw the Gardaí pursue his father Denis Waters into the farmyard at about 1:20a.m.
Solicitor for Denis Waters, Patrick Moylan said that his client had earlier driven to the local pub “to have a few drinks” on the night and he got a call to return home as Brian was having trouble with a cow calving. He added that Brian left the pub to get into the car to return home and help his son.
Sergeant Louis Moloney said that Denis Waters had taken off at speed from the pub at Tullycrine in the direction of Kilrush. He added that Garda patrol car activated the blue lights and siren but Mr Waters failed to stop, before he took a right turn into a farmhouse.
Confrontation with Gardaí
The sergeant also outlined that the Gardaí wanted to arrest Denis Waters on suspicion of drink driving but were prevented from doing so when he picked up the calving jack in the farmyard and started to swing it, which came close to Garda Gerard Summerly’s head.
Garda Summerly was pushed back by Brian Waters on numerous occasions who went to a shed and picked up a pitchfork and told Garda Summerly “I am going to give it to you”, Sgt Moloney continued. He said:
“[While Brian Waters] was prodding the pitch fork forward Garda Summerly, he had no option but to deploy his OC (pepper) spray in a bid to protect himself.”
The sergeant recalled that Gardaí from Ennis and Kilrush also arrived on the scene as Denis Waters escaped into the fields behind the farmyard. However, he presented himself to the local superintendent the following morning. Judge Larkin stated:
“If it was the Wild West you would say something but this is supposed to be a civilised country.”
In the case, she has already imposed on Denis Waters a six year driving ban after he pleaded guilty to driving without insurance and a four year driving ban for dangerous driving and fines of €800.
Both men pleaded guilty to obstructing a Garda during the course of their duties while Brian Waters also pleaded to producing a pitchfork during the course of a dispute.