Farming neighbours “who were once very good friends now unfortunately leave a legacy of hostility, hatred and anger”.
That is what Judge Marian O’Leary stated at Gort District Court before imposing sentence in a row between south Galway farmers, Brendan Forde (51) and Brian Gill (41).
Judge O’Leary said: “This is a very sad day when neighbours who were once very good friends now unfortunately leave a legacy of hostility, hatred and anger and it leaves generations on both sides to deal with.”
The judge had adjourned sentencing from a contested court hearing in February to allow the two perpetrators of assault on each other, Brendan Forde and Brian Gill to provide victim impact statements to the court.
Farming neighbours in assault incident
During the contested hearing, the court heard how Brendan Forde arrived without shoes and socks at Brian Gill’s farmyard on July 1, 2021 and told Gill while putting on his socks “when I have my stockings on, I’ll get you”.
Brian Gill alleged how shoeless farmer, Brendan Forde made the threat shortly before hitting him across the head with an iron bar.
Gill of Cahermore, Kinvara, Co. Galway said that he sustained “a dent” on his head from the iron bar assault.
In evidence, Brendan Forde admitted that he struck Brian Gill with the iron bar but it was in self-defence and denied making the ‘I’ll get you’ threat.
Judge O’Leary found Brendan Forde of Caherawoneen, Kinvara, Co. Galway guilty of assault causing harm of Brian Gill after striking him with the iron bar and producing a weapon capable of inflicting serious injury.
After hearing conflicting versions of two altercations in the Gill farmyard on July 1, 2021 between Gill and two members of the Forde family including 83-year-old Michael Forde, Judge Marian O’Leary also found Brian Gill guilty of assault.
Judge O’Leary said: “The use of the iron bar was not in self defence and not proportionate in the circumstances. Brendan Forde is very lucky not to be before a court on more serious charges.”
The judge added that “by his own admission, Brian Gill punched Brendan Forde in the eye and is guilty of assault”.
The farmyard row was sparked by Brian Gill removing the keys for road safety reasons from a John Deere tractor which he said was being driven by a 13-year-old member of the Forde family and handing the keys into Gort Garda Station.
Sentencing
Judge O’Leary adjourned sentencing to allow Brian Gill and Brendan Forde provide victim impact statements to the court.
Imposing sentence, Judge O’Leary imposed 240 hours of community service on Brendan Forde in lieu of a four-month prison term that includes a two-month suspended sentence for the assault causing harm offence.
Judge O’Leary said: “This is a very serious incident where Brian Gill was assaulted with an iron bar.”
The judge also imposed a €400 fine on Brendan Forde for the weapon offence.
Judge O’Leary ordered that Gill be bound to a peace bond for two years for the lesser Section 2 assault offence and directed that Forde and Gill have no future contact with each other.
Legal counsel for Brendan Forde, barrister, Aisling Wall told the court that her client “had never come to garda attention prior to this unfortunate event”.
“He expresses regret for the entire event and that continues. He doesn’t want to be here and he never wanted any hand, act or part in this,” she said.
“The events as they have unfolded have stuck with him and members of his family. He lives with that. There was a lot of media coverage. It does pose enormous difficulties for him.”
Aisling Wall said that Forde “does not ever intend to be before this court again and he is not a man or character who looks for trouble in any circumstance”.
She said that Brendan Forde is a dairy farmer but also a carer for his wife who has a very severe disability and is a wheelchair user and added that Forde is very close to his father.
The barrister said that Brendan Forde is “subject to civil proceedings in respect of this matter and we will have to address those in due course. This will have a financial cost to him and he accepts the consequences of that”.
Counsel for Brian Gill, barrister, Martin Durack told the court that since the 2021 incident “there have been ongoing incidents”.
In response, barrister Aisling Wall objected and Judge O’Leary said that the only matter before the court is the 2021 incident.
Martin Durack said that Brian Gill’s sense of security in his own yard has been dissipated and he carried a permanent scar from the injury to his head.
Judge O’Leary set recognisance in the event of appeals.