This article is from page 6 of the 2011-03-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
A COUPLE from North Clare escaped being sent to prison yesterday after undertaking not to interfere with their neighbour’s use of a right of a way.
At Ennis Circuit Court, Joseph Scales of Calluragh, Ennistymon, made an application to have Patrick J Madigan and his wife, Anne Madigan, committed to prison over the breach of a circuit order in relation to the right of way.
Patrick J Madigan admitted in court that he had breached the order regarding the right of way since it was introduced in July 2010.
Mr Madigan claimed that he had been forced to do so in an effort to protect his home from damage caused by the passing of machinery along the right of way.
Judge Moran was told that the dispute between the neighbours has been before the court “countless occasions” over the past number of years.
Garda Colm Collins told the court that on December 3, 2010, he observed Patrick J Madigan and his son, Joe Madigan, step out in front of Mr Scales’ tractor. Gda Collins said that the Madigans gestured to Mr Scales to stop and to go no further.
Sgt Brian Howard told the court that on November 28, 2010, an allegation was made to him regarding the blocking of the right of way.
Gardaí subsequently retrieved CCTV footage of the incident captured by cameras installed by the Madigan’s.
CCTV footage from November 28, 2010, played in court yesterday showed Joe Madigan exiting a door way and then standing in front of Mr Scales’ tractor.
Further footage then showed Mr Scales and Joe Madigan “tussling” and falling on the ground.
Mr Scales told the court that on November 28, 2010, he had gone to feed a pony and foal when he encountered Joe Madigan.
Patrick J Madigan told the court that he had to “take a stand” against Mr Scales’ machinery travelling along the right of way because he feared further damage being caused to his house.
Judge Moran put it to Mr Madigan that even though the court had ruled that Mr Scales was entitled to bring tractor and other machinery up the right of way, Mr Madigan’s stance now was “don’t mind what the court is saying”. Counsel for Mr Scales, Patrick Whyms, told the court that he was “seeking a committal order for the defendants”.
Judge Moran requested that the Madigan’s to take an unconditional and “solemn understanding” not to block the right of way.
Under oath, both Patrick J Madigan and Anne Madigan agreed not to interfere with Mr Scales’ right of way. Judge Moran gave Mr Whyms liberty to re-enter the motion but adjourned the matter of costs. Judge Moran warned the couple that they would be forced to pay costs as well as face other matters, if they breached the order.