A WOMAN from Kilcatherine in Eyeries contested a charge of causing criminal damage to her neighbour’s property.
Caroline Lewis, represented at Bantry District Court by solicitor Flor Murphy, denied any wrongdoing.
Insp Ian O’Callaghan appeared on behalf of the prosecution, which alleged that the accused damaged the property by applying force to a steel post that was set in concrete on the evening of September 7th, 2023.
The State claimed that this caused the post to set incorrectly, rendering it unfit for use, and resulting in a €433 loss for the property owner, John Collins.
In evidence for the prosecution, John Collins said his farm is split with a road through the middle and he wanted to put up some fencing and gates. He said he wanted to do this to secure adequate public liability insurance.
John Collins said his neighbour, Caroline Lewis, who has a registered right of way, approached him and said: ‘You have no right to put up gates without our permission.’ The prosecution claimed that the posts had been interfered with. It was stated that the bases had been broken after three of the posts were moved.
CCTV footage was viewed by Judge Mark O’Connell and it showed the accused placing her hand on a post.
In evidence in her own defence, Caroline Lewis said she walked down and saw a pole at the end of her lane.
‘I did touch the post and that was it,’ she said. As someone with arthritis, she said she wouldn’t have had the strength to do any damage.
She also pointed out that she could be seen, on CCTV, holding and talking into the mobile phone she had in her other hand.
‘They were solid as a rock,’ she stated in evidence. ‘I don’t know how the poles were cracked.’
After considering the evidence, Judge Mark O’Connell said it was evident that Caroline Lewis was unhappy with the posts going up.
He said: ‘The CCTV footage showed her touching a post – at 8.32pm in the evening – not long after the posts were set.
‘She wouldn’t need much strength to move the posts,’ he added. ‘I believe she did cause the damage and find her guilty.’
However, the judge asked the solicitor to consult with his client – a woman who has no previous convictions – and see if she was willing to pay the €433 compensation.
Mr Murphy said she was and the money was handed over. It was on that basis that Judge O’Connell struck out the charge of criminal damage.
