A judge has told an 80-year-old Co. Clare farmer to keep the peace and to wait for a court to rule on a long-running right of way dispute.
At Ennis District Court, Judge Mary Larkin told Martin Neylon that he “can’t be calling out Garda Andrew Monahan every two minutes to be sorting out [his] difficulties”.
Judge Larkin told Neylon: “You have to keep the peace between now.”
The judge directed Neylon to open a gate across a disputed right of way between 12:00p.m and 2:00p.m every day to allow farmer, Donal O’Brien, to access his lands pending a circuit court determination in the row over the right of way.
Row over right of way
After Martin Neylon told Judge Larkin that he is 80 years of age, the judge replied “and this is what you are fighting about at your age?”.
Garda Andrew Monahan told the court that Martin Neylon believes that he has waited long enough for the circuit court to decide the matter and “that the lock should remain on the gate”.
Garda Monahan said: “We have a stand-off where Martin Neylon says enough time has elapsed.”
Judge Larkin asked Martin Neylon what loss he was suffering in the dispute and Neylon replied “it is making things awkward for me”.
The judge told Martin Neylon that the civil case in the circuit court concerning the disputed right of way “will come on for hearing next year and surely you should allow the judge in the circuit court to decide if you have a case or if Mr. O’Brien has a case”.
“That is what you are going to do and you are going to let Mr. O’Brien go in between 12:00p.m and 2:00p.m every day,” the judge added.
Criminal damage
In an alleged criminal damage case concerning the row before the district court, Donal O’Brien (55) of Ballynacarhagh, Kilfenora, Co. Clare is charged with breaking the lock valued at €10 attached to a farm gate belonging to Martin Neylon at Cragballyconoal, Ballyvaughan on December 17, 2019.
O’Brien is facing a second criminal damage charge where he is charged with cutting and breaking a farm gate to the value of €160 belonging to Martin Neylon at the same address between January 1, 2020 and January 8, 2020.
Senior counsel for O’Brien, Brian McInerney, told the court that the criminal case before the district court should not be heard until a circuit court hearing relating to the disputed right of way is heard.
The lawyer said that if the circuit court finds that a right of way exists for Donal O’Brien, no lock should therefore be on the gate and O’Brien is entitled to break the lock.
The senior council said to Judge Larkin: “If you determine that my client, Mr. O’Brien has no entitlement to break the lock, and the civil case determines in the circuit court that he has a right of way, well that would create all sorts of issues and difficulties.”
Sgt. Aiden Lonergan told Judge Larkin that the law provides for her hearing the criminal damage case against Donal O’Brien.
Ongoing issues
Asked whether there are ongoing issues, Sgt. Lonergan said: “Yes, there are still issues that require Garda Monahan to intervene and try to keep these settled down.”
However, Judge Larkin said: “I don’t believe that this should be here at all.”
Brian McInerney said that the case is coming before the circuit court after Donal O’Brien made an application at the Land Registry to register the right of way.
He said that Martin Neylon objected and the Land Registry said that it was a matter for a court order.
Judge Larkin adjourned the criminal damage prosecution against O’Brien to May 24, next year, to allow the civil case concerning the right of way be heard in the meantime.