By Gordon Deegan

A farmer told another farmer that he would shoot his cattle if they went onto his land in a ‘flash-point’ over a disputed right of way in the Burren, Co. Clare, a court has heard.

At Ennis District Court, in evidence, farmer Donal O’Brien made the admission about the threat to shoot the cattle belonged to Martin Neylon.

However, O’Brien denied that he made a threat to shoot “one by one” three members of the extended Neylon family, at Cregg, Ballyvaughan on October 14, 2019.

In the case, Judge Mary Larkin dismissed a charge against Jack Neylon (33) of Knockroe, Tubber, Crusheen of assaulting O’Brien at Cregg, Ballyvaughan on the same date.

O’Brien – who has lands close to the right of way at Cregg, Ballyvaughan in north Clare – told the court that Neylon pushed him three times at the scene. This was denied in evidence by Neylon who said that he didn’t touch O’Brien, who was the only State witness in the case.

Judge Larkin said that she was dismissing the assault charge against Neylon because she had “a doubt”.

She added that she regarded as “significant” a prepared statement that O’Brien had provided to Gardaí a number of days after the incident “where he left out anything that may not have reflected well on him”.

Judge Larkin said that she was “concerned” over that statement.

The judge also stated that it wouldn’t be safe to convict Neylon.

Right-of-way issue

“The proper place for disputes of rights of way is in the circuit court and they should stay there,” Judge Larkin said.

O’Brien told the court that he had a right of way at the location.

However, under cross examination by Neylon’s solicitor, Daragh Hassett, O’Brien admitted: “There is no right of way registered in my favour there.”

Mr Hassett stated:

“You don’t have a right of way and you don’t have a registered right of way.”

O’Brien confirmed that the dispute over the right of way is to be heard at the circuit court in the future.

There is a gate across the disputed right of way and O’Brien told Mr Hassett that he came back the following day and cut the lock to the gate.

He said that he had cut the lock ”previous times”.

Mr Hassett told O’Brien that in the prepared statement given to Gardaí, he didn’t say that he threatened to shoot cattle.

In response, O’Brien said: “I was advised not to.”

Mr Hassett stated that his instructions are that O’Brien called the Neylons “tinkers and liars, was going on about the lands, and was frothing at the mouth” on October 14, 2019.

O’Brien denied this.

Mr Hassett said: “I am also instructed that you told them that you would shoot the three of them ‘one by one, and any [person] who went into the place’.”

O’Brien also denied saying this.

Mr Hassett put it to O’Brien: “What you have said to the Gardaí is completely self-serving and you left out anything that didn’t reflect well on you until I put it to you today.”

Mr Hassett stated that the lands were owned by Sylvie Neylon and passed onto Martin Neylon, who is the current owner. Martin Neylon is Jack Neylon’s father’s first cousin.

Mr Hassett said that the lands are to be enjoyed by Martin for his lifetime and will then pass onto Jack Neylon.

Mr Hassett said that O’Brien can access the lands without using the right of way and, in response, O’Brien stated “only the bottom part”.