A CO Limerick farmer has been returned to prison after refusing to vacate the property of two bachelor brothers who died without leaving a will for their 40-acre holding.
Daniel Doherty of Rathcahill, Templeglantine, Co Limerick, appeared before Limerick Circuit Court yesterday where he was previously held in contempt of court for failing to abide by a ruling.
He had been ordered to vacate land and a house at Templeglantine, owned by the late Edward and Mattie Roche.
After being repeatedly asked by Judge Carroll Moran if he was willing to obey the court order, Mr Doherty insisted 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,” Mr Doherty said.
Barrister for the Roche family Emmet O’Brien said the matter had been going on for seven years and that his clients had been very patient but “enough is enough”.
Previously the court heard the Roche brothers died without leaving a will and that their nephew Eamon Roche was appointed administrator on behalf of the beneficiaries who are relatives of the brothers.
Proceedings were brought against Doherty at the Circuit Court to vacate the property and he lodged a counterclaim, stating he was entitled to the property, having done certain works over the years on the farm for the Roche brothers, such as milking cows and saving hay.
He also claimed the Roche brothers had promised him and his mother that he would receive the property when they died.
Doherty lost his case and was 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 yesterday the 40-year-old farmer refused to purge his contempt of the court order which led him to being sent to Limerick Prison a week ago.
Prior to coming off record (no longer representing the client)Doherty’s solicitor, John Cussen, informed the court he had spoken to his client a number of times since his last appearance and explained to him that he was breaching an order of the court.
He said his client had indicated he was not going to purge his contempt. “In the words of Maggie Thatcher, ‘Danny is not for turning’,” Mr Cussen said before formally applying to come off record.
Mr O’Brien, told the court there are 15 dry stock cattle on his clients’ land belonging to Daniel Doherty and that his brother has been looking after them since he was sent to prison.
Mr O’Brien said it would not be a “big logistical event” to move the cattle to the neighbouring Doherty farm and added that there were plenty of able-bodied men in the Doherty family who could do this.
He warned his clients feared there may be trouble if they tried to start moving the cattle themselves.
“The plaintiffs are being very patient here. This has been going on for seven years, and it’s come to a point where enough is enough,” Mr O’Brien said.
Following talks, the Roche family said they would be willing to move the cattle off the property within the next seven days, provided there was a Garda escort.
Mr O’Brien urged the court to remind all those who were present in court to support Doherty that the court order extended to everybody and that anybody who disobeyed it could be held in contempt.
The judge told Doherty he would have to stay in prison until he obeyed the order of the court.
The judge gave the State liberty to re-enter the matter at any time Doherty wished to purge his contempt.
“I don’t want to keep you in prison a minute longer than I have to,” he said.