GARDAÍ YESTERDAY assisted in the removal of cattle from a farm at the centre of a seven-year legal dispute in Co Limerick.
The 15 dry-stock cows and one dairy cow were removed from a 40-acre holding at Rathcahill in Templeglantine, which is located between Newcastle West and Abbeyfeale in west Co Limerick.
The cattle belong to 40-year-old farmer Daniel Doherty also from Rathcahill, Templeglantine, Co Limerick, who was returned to prison last week for refusing to vacate the property owned by the late brothers Mattie and Edward Roche.
Doherty maintains he has a right to live on the lands because he was promised them prior to the brothers’ deaths despite a court ruling ordering him to vacate the property.
The Roche brothers died without leaving a will and their nephew Éamon Roche was appointed administrator on behalf of the beneficiaries.
The latter are relatives of the Roche brothers, who were bachelors.
Proceedings were brought against Doherty at Limerick Circuit Court to vacate the property.
Doherty said he had done certain works over the years on the farm for the Roche brothers, such as milking cows and saving hay.
He also claimed that the Roche brothers had promised him and his mother that he would receive the property when they died.
He lodged a counterclaim, which he lost. He was subsequently ordered by the court to vacate the property on March 4th, 2010. An appeal by Doherty against this judgment was thrown out by the High Court last November.
When he appeared before Limerick Circuit Court again last week the farmer refused repeatedly to purge his contempt of the court order.
He told the court he was not going to go against the wishes of the deceased brothers.
“I was with them the day Mattie died. When he got the stroke by the fire.
“I’m not going to go against Mattie’s wishes,” he said.
Barrister for the Roche family Emmet O’Brien said at the hearing that the matter had being going on for seven years and that his clients had been very patient but “enough is enough”.
Yesterday, members of the Roche family assisted by gardaí from Abbeyfeale Garda station successfully removed the cattle from the farm.
There had been fears that the operation might be disrupted. However, it passed off without incident.
A digger was used to remove boulders and an SUV, which were blocking access to the land.
The duration of the removal operation was just under one hour and it involved two trips to the farm.
The cattle were removed to a farm about 9km away belonging to the Doherty family.
Meanwhile, Doherty himself remained in Limerick prison.
Last week, the farmer was told by Judge Carroll Moran that he would have to stay in jail until he was willing to purge his contempt and abide by the court ruling.