Farmer, 78, cut chain in dispute over right of way at Limerick property
A PENSIONER was found guilty of causing criminal damage after he was prosecuted in connection with a land dispute over a right of way.
The farmer was before Kilmallock Court for severing a link in a steel security chain used to close a gate in Abington, Murroe.
Eugene Taaffe, aged 78, of Portnard, Cappamore pleaded not guilty to a charge of criminal damage relating to an incident on November 6, 2020.
He claimed he had to break the chain to get his cattle out for a tuberculosis (TB) test or face prosecution by the Department of Agriculture.
The first witness in the case was the injured party who said he purchased two sites and a half-finished house in Abington, Murroe.
“Prior to the auction, when I visited, a gentleman arrived in a jeep. He said he had a right of way, to stay away, that there would be problems was the general narrative,” said the man, who subsequently bought the property.
He outlined to the court how he fenced off the property and sealed off the house.
On one occasion he said he came to the site where he heard two of his employees talking with Mr Taaffe.
Liam Carroll BL, who represented Mr Taaffe, objected, saying this was hearsay evidence as they were not in court to give evidence.
Judge Patricia Harney refused the objection, saying, “Truth is the gold standard we are searching for in this court”.
The injured party said he heard Mr Taaffe say: “I broke the lock and I will break it again.”
“I cleared him from the site in no uncertain terms,” he (the witness) said.
Mr Carroll asked the injured party if he was aware Mr Taaffe claims he has a right of way.
“Yes, but there is no registered right of way on the land. I employed an engineer to check,” said the man.
Mr Carroll put it to him that Mr Taaffe had to remove his cattle for a Department of Agriculture mandated TB test and that was the only entrance he could use.
“There is another entrance,” said the injured party.
Mr Carroll asked him was he “irate” when he cleared Mr Taaffe in “no uncertain terms”?
He replied: “I probably was.”
Mr Carroll put it to him that he produced a hammer and threatened his client. “No. This was during Covid, he was sitting in his jeep with a mask on,” he said.
The next witness was the investigating garda, Geraldine McCarthy, who read out an interview she conducted with Mr Taaffe.
During the interview Garda McCarthy asked him if the right of way was officially recognised? “It is in the hands of the Land Registry Office,” replied Mr Taaffe.
The last person to take the stand was the defendant. Mr Carroll asked Mr Taaffe if he previously owned the land which is now owned by the injured party.
“Yes. I gave two sites to my son to build a house. He had the house roofed. His business didn’t go so well for him in the Celtic Tiger and it was repossessed. I had no problem going in and out from 2005 to 2020 - it was in the family,” said Mr Taaffe.
The barrister asked him if he cut the chain? “Yes,” said Mr Taaffe.
“Is there another entrance you could have used?” asked Mr Carroll.
“No. That’s the only entrance. The rest is private property,” said Mr Taaffe.
Inspector Liam Wallace, who represented the State, asked how he accesses the land?
“With the permission of kind neighbours. There has been no cattle on the land since I took them out,” said Mr Taaffe.
Mr Wallace put it to him that he cut the link on a chain with no lawful excuse?
“I had to get my cattle out for TB testing or I would be prosecuted,” said Mr Taaffe.
In summing up, Mr Carroll asked for the criminal damage charge to be dismissed because his client had a lawful excuse - a legislative obligation to remove them and have them tested for TB.
“He has been using that entrance for over 50 years. A water pipe goes through it. A right of way exists but it has not been registered,” said Mr Carroll.
Insp Wallace said it was the “age-old question of land in Ireland” commenting: “There are other lawful options he could have taken like phoning the owner. A lawful excuse does not exist."
Judge Patricia Harney said she did not accept Mr Carroll’s argument.
“He had other options open to him like making contact with the injured party. He does not retain a right of way,” said Judge Harney, who found Mr Taaffe guilty of criminal damage.
In mitigation, Mr Carroll said his client has no previous convictions and is 78-years-old.
“Just because you are 78 doesn’t mean you can break the law. If he continues on this course I, in the unlikely event, would have no problem jailing him. He cannot take the law into his own hands,” said Judge Harney.
“Has he offered to pay compensation? A reasonable neighbour would say I couldn’t get a hold of you, I’m terribly sorry, how much?” continued Judge Harney.
The judge asked Mr Taaffe if he now accepts he is not allowed to do anything like this again?
“Yes,” said Mr Taaffe. Judge Harney fined him €100 and ordered he enter a probation bond for one year not to interfere with or trespass on the property of the injured party in Abington, Murroe.
Recognizance was fixed in the event of an appeal.