Kilmallock Courthouse
A CORK man has been ordered by a judge to stay out of Bruff following his conviction for unlawfully entering lands close to the village with a group of men and dogs.
James O’Brien, aged 23, of The Close, College Wood, Mallow, Co Cork, appeared before Kilmallock District Court, where he pleaded guilty to an offence under Section 44 of the Wildlife Act 1976, which relates to unlawful hunting or entry onto lands.
The court heard that Mr O’Brien was one of five men who had travelled from Mallow to Bruff with 10 dogs and entered the lands without the owner's permission.
Presiding Judge Patricia Harney described the incident as "quite concerning".
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Prosecuting Inspector Gearóid Thompson told the court the case against Mr O’Brien was "not pointed directly at him" as he was "one of a number of men involved".
Having read a victim impact statement from the landowner, Judge Harney noted that he is "a very worried person about all of this".
Insp Thompson said "local communities are being terrorised" by such activity and he noted there has been a "seasonal scourge" of similar offences in Limerick and several other counties.
Solicitor Robin Lee, representing Mr O’Brien, told the court that some of the other men who are before the courts had provided gardaí with false names and addresses, but that his client had not.
Having heard the facts, Judge Harney said: "He travelled here to engage in criminal activity. He is not from here.
Mr Lee replied that while his client had "participated in this activity," he "did not know where they were going" and that he didn't own any of the dogs.
In reply, Judge Harney commented: "He knew they weren’t the landowners". She noted that the men had “brought the dogs with them” on the day in question.
Mr Lee again emphasised that his client "was never in the place before" and that "he was brought there" by the other men. He added that he "did not terrorise" the landowner in any way.
Insp Thompson told the court that Mr O’Brien has three previous convictions, but none are under the Wildlife Act.
Judge Harney convicted Mr O’Brien and imposed a three-month prison sentence, suspended for 18 months, on the condition that he stays out of Bruff.
When his solicitor sought clarity on how his client would travel to Limerick if the need arose, Judge Harney said: "He’ll have to drive the long way round — he’s to stay out of Bruff."
The judge warned Mr O’Brien that if he is detected by gardaí in the village, he will be arrested.
"The man lives in Mallow, he can do his shopping in Cork," Judge Harney added.
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