BY DAVID FORSYTHE
A FEUD between neighbours over a narrow boreen that leads to their homes resulted in multiple convictions at a recent sitting of Macroom District Court.
The special sitting of the court heard more than six hours of evidence from witnesses regarding six separate incidents alleged to have taken place at Garranenagappul, Clondrohid, between March 2021 and February 2023.
Court presenter Insp Anthony Harrington said that father and son Joseph Kelleher, 64, of Mountcross, Clondrohid, and Gerard Kelleher, 35, of Mountcross, Clondrohid, and their neighbour Michael Murphy, 36, of Hillview, Clondrohid were facing a variety of charges in relation to the alleged incidents.
Michael Murphy faced charges in relation to all six incidents, Joseph Kelleher faced charges in relation to three incidents and Gerard Kelleher faced one charge. They denied all the charges.
The court heard that on March 29th, 2021 it was alleged that a stand-off occurred on the lane leading to the Kelleher and Murphy homes.
Michael Murphy alleged that Joseph Kelleher drove his red Massey Ferguson tractor aggressively towards him as he drove his van in the opposite direction.
There was no room to pass and neither vehicle gave way. Joseph Kelleher alleged that Michael Murphy would not reverse into a passing area a short distance behind him.
Mr Kelleher further alleged that Mr Murphy had a small knife in his possession and threatened him, calling him ‘a leprechaun, a c**t and a tinker and that he would cut my head off’.
Mr Murphy alleged that Mr Kelleher waved a steel bar at him from the cab of his tractor and said he would ‘split me open and he called me a kn*cker’.
The court also heard that on March 31st 2021 Michael Murphy alleged that Joseph Kelleher drove his tractor aggressively towards him while he was walking his dogs and that he thought there was a gun visible in the tractor cab.
A further incident was alleged to have occurred on May 27th 2022 when Mr Kelleher said that his jeep was blocked in by Mr Murphy’s transit van and Mr Murphy’s father’s Ford Connect van for more than 15 minutes.
The court heard that on June 22nd 2022 Mr Murphy removed fencing from the boundary between his land and the Kelleher’s land which he claimed was on his side of the boundary.
Mr Murphy said that he had consulted his solicitor, before removing the fencing carefully. Mr Kelleher claimed that Mr Murphy had thrown the fencing into a ditch.
On October 13th 2022 it was alleged that Mr Murphy had cut a sheep wire fence in several places and stolen a role of sheep wire belonging to Mr Kelleher, which Mr Murphy denied.
Mr Murphy claimed said that he had called the gardaí himself after he discovered the role of sheep wire next to his shed.
It was also alleged that Mr Kelleher’s wife heard Mr Murphy say that he would ‘knock his block off’ referring to Mr Kelleher.
The final incident was alleged to have taken place on February 15, 2023.
According to Joe Kelleher he was erecting fencing along the boundary with his son when Michael Murphy approached and began interfering with their work.
He alleged that Michael Murphy pushed him into a hedge of briars. He alleged that Mr Murphy then pretended to be injured while he made two phone calls.
Mr Murphy alleged that Joseph Kelleher had jumped over the fence and put him in a headlock and punched him in the back.
It was also alleged that Gerard Kelleher assaulted him as well.
Joseph Kelleher said that Mr Murphy complained he could not get up but when an ambulance arrived he walked to the ambulance.
The court heard that Joseph Kelleher and Gerard Kelleher had no previous convictions while Michael Murphy had one previous conviction for a public order offence in 2023.
David O’Meara, solicitor for Joseph and Gerard Kelleher asked Judge James McNulty to consider suspending any sentence as they had no previous convictions and both were hardworking individuals.
Killian McCarthy, solicitor for Michael Murphy, asked the judge to suspend any sentence as his client had three young children and was on a bond to keep the peace to which he had adhered.
Judge McNulty said that the court was satisfied that the boreen in question was a public place.
He said: ‘There is a clear conflict of evidence and some of the witnesses have glaring inconsistencies in their evidence.
‘Overall, the court finds the charges against all of the defendants proven, with a few exceptions.
‘They never seem to miss an opportunity to let things go. Maybe they are unlucky or maybe they deserve each other.
‘This is not Hong Kong or Manhattan we are talking about, it’s Clondrohid near Macroom.
Surely a solution could be found, perhaps more lay-bys where they could pass each other with a friendly smile and a wave?
This conflict is not doing them any good, but maybe I’m just a naive old fool.’
Michael Murphy was convicted of threatening and abusive behaviour, driving without insurance, criminal damage, careless driving, wilful obstruction and assault.
He was fined a total of €2,500 and given a six-month suspended sentence.
He was bound to keep the peace for two years on his own bond of €20,000 with €5,000 required in cash.
Joseph Kelleher was convicted of threatening and abusive behaviour, producing an article in the course of a dispute, two counts of careless driving and assault.
He was fined a total of €2,500 and given a six-month suspended sentence.
He was bound to keep the peace for two years on his own bond of €20,000 with €5,000 required in cash.
Gerard Kelleher was given a conditional discharge for three years on his own bond of €10,000, no cash required.
Recognisance in the event of an appeal was fixed at €4,000 with €2,000 in cash required.
