Boulders, jeep and “Disputed lands Daniel Doherty” sign block farm entrance
A LIMERICK farmer remains in prison after he continues to ignore an legal land vacation order, and also refusing to purge his contempt of court.
Forty-year-old Daniel Doherty from Rathcahill, Templeglantine, was returned to prison last week after he was repeatedly asked to obey the order.
This week, under Gardai escort, and while Doherty remained in prison, his 15 head of dry stock cattle were removed from the land in question, land subject of a seven- year court battle.
The 40-acre landbank in Rathcahill, Templeglantine, is owned by the estate of two deceased bachelor brothers, who died without a leaving a will.
Eamon Roche, a nephew of the brothers, was appointed as administrator to the benefactors and lodged proceedings in the Circuit Court. Counter claims of rights were lodged by Daniel Doherty.
Daniel Doherty laid a claim that it was always “Mattie’s wishes for me to stay there”.
However, Daniel Doherty’s challenges at the Circuit and High Courts to have the vacation order overturned, failed, and the order of March 4, 2010, remains.
Last week, Emmet O’Brien, barrister for the Roche family, and Eamon Roche as administrator, said that “enough is enough” when he pleaded the case to Judge Carroll Moran to have the order upheld.
With members of the Roche family in court last week, Emmet O’Brien told the court that after the alleged “incidents” during the arrest of Mr Doherty the week before, the family did not wish to engage or further deal with Daniel Doherty or any of his brothers as tensions were already high. Nor was it their responsibility to do so, he claimed.
However, in the interest of advancing the matter at the earliest possible convenience, the court was told that the Roche family were willing to move Doherty’s cattle to a neighbouring farm, only if they had a garda escort.
Doherty was returned to prison after refusing to repeatedly purge his contempt.
A garda escort had been arranged to move the cattle and that took place last Thursday under the supervision of members from the Abbeyfeale Garda Station.
An off-road 4×4 vehicle and boulders blocked the entrance to the farm but an excavator was used to clear the obstructions.
Despite fears that the exercise would be disrupted, two successful trips to the farm were carried out and the cattle were moved to a nearby farm with the operation taking under an hour.
Judge Carroll Moran told Daniel Doherty that he would have to stay in prison until he decided to obey the order. Liberty to re-enter the matter was granted to the State should Doherty wish to purge his contempt at any stage.
Meanwhile the Limerick farmer remains in prison steadfast in his claim to the land.
