Judge defers decision on free legal aid for man accused of stabbing brothers in land dispute

William Brennan, and his father, charged with assault causing harm to family members, Jerry Brennan jnr and John Brennan

William Brennan pictured at Bantry District Court, Co Cork, in connection to an assault which happened at a farm on the outskirts of Dunmanway. Photograph: Daragh Mc Sweeney/Cork Courts Limited

A judge has deferred granting free legal aid to a man accused of stabbing his two brothers in a land dispute as he requested the accused to state the value of assets that he listed in his application for free representation.

Judge Brendan O’Reilly told accused William Brennan (31), an electrical engineer who works in the Netherlands, that his monthly income appeared to be very high to qualify for free legal aid when he submitted a statement of means.

“Your monthly income is very high and there are also assets that need to be valued for the next day,” said Judge O’Reilly as he deferred the issue of whether William Brennan of Longbridge, Dunmanway, Co Cork, qualified for free legal aid.

William Brennan is charged with two counts of assault causing harm to his older brothers, Jerry Brennan jnr (35) and John Brennan (32) at Ballyhalwick, Dunmanway, Co Cork on August 17th.

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William Brennan is also charged with producing a knife in the course of committing an offence, namely assaulting Jerry Brennan jnr and John Brennan on the same occasion.

William Brennan was making his second court appearance on the charges when he was brought before the vacation sitting of Clonakilty District where he was joined in the dock by his father, Jerry Brennan snr, also of Longbridge, Dunmanway, Co Cork.

Jerry Brennan snr faces the same two charges as his youngest son, of assault causing harm to Jerry Brennan jnr and John Brennan.

Jerry Brennan snr, whom the court heard suffers from arthritis of the spine, broken discs and diabetes, also faces a charge of possessing a knife.

Judge O’Reilly, who refused both men bail when they first appeared before him at Bantry District Court on Monday, granted an application by Sgt Tom Mulcahy for a continuing remand in custody to appear again at Clonakilty District Court on September 3rd for directions from the Director of Public Prosecutions.

The court was told on the last occasion that gardaí believed that the alleged assaults had their origins in a long-running family feud involving Jerry Brennan snr, his wife Jean Brennan, and their sons, Jerry jnr, John and William over a farmhouse and yard at Ballyhalwick, Dunmanway.

Gardaí said the agrarian dispute went back some 14 years over the property at Ballyhalwick, and some 20 incidents had been reported to gardaí over the past five years. Matters had escalated in recent months and gardaí feared it would escalate further if the accused were granted bail.

The court heard that Jerry Brennan jnr suffered a severed artery in his arm and had to be airlifted to Cork University Hospital by helicopter, while John Brennan had suffered a punctured lung during the course of the incident and had to be rushed to hospital by ambulance.

The court was told that both men were in a stable condition after undergoing emergency surgery and it is understood that both men remain in hospital receiving treatment for the injuries sustained in the alleged assaults.

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times