Judge tells farmer in dispute over right of way to 'stop digging'

A HIGH Court judge yesterday told a farmer at the centre of a 33-year-long dispute over a right of way to “stop digging”. At the High Court sitting in Ennis, Co Clare, Mr Justice Michael Hanna told father-of-14 Noel Broggy (70): “Perhaps there comes a time when you should stop digging.”

Mr Justice Hanna made his comment as Mr Broggy disputed a 31-year-old photo of him that his neighbours claimed showed him throwing stones at neighbour Michael Crowe in 1981.

Mr Broggy, of Derrymore, Meelick, Co Clare, said: “I’m bending down in the photo. You stand up to throw a stone. I threw no stones [at Mr Crowe].” The farmer of 400 acres said he was throwing stones to clear the road.

In evidence on Tuesday, Irene Crowe said Mr Broggy had twice threatened to shoot Mr Crowe and gardaí had seized Mr Broggy’s gun after he had threatened in 2004 to use it to end the dispute.

The dispute originated in 1979, when the Crowes applied for planning permission for their home beside the disputed strip of land.

Under cross-examination yesterday, the Crowes’ counsel, Pat Whyms, put it to Mr Broggy that on two occasions he had threatened to shoot Mr Crowe and on another he was going to end the dispute with a gun.

In response, Mr Broggy said: “All lies, not true.”

Mr Broggy also denied driving a car at Irene Crowe as she walked her one-year-old daughter in a buggy in 1981. He said: “Ridiculous. Never happened.”

The two sides entered talks before court to settle the dispute but these were unsuccessful. A further attempt after lunch yesterday to settle the dispute also failed.

The case is expected to conclude today.