*The incident occurred at Tullycrine.
A FATHER AND SON have narrowly avoided jail for their role in a chaotic late night farm yard scene compared by a judge to something from the Wild West.
At Kilrush District Court on Tuesday, Judge Mary Larkin imposed prison terms on Denis Waters (53) and his son, Brian Waters (25) after they confronted Gardai with a pitch-fork and a calving jack during a late night incident at Derreen, Tullycrine near Kilrush on October 26th last year.
Judge Larkin imposed a six month prison term on Denis Waters and a three month prison term on his son, Brian.
However, Judge Larkin imposed community service orders in lieu of the prison terms after the Probation Service deemed both father and son suitable for community work.
Judge Larkin has ordered Denis Waters to carry out 160 hours community work and Brian Waters 120 hours community work in lieu of the prison terms.
Judge Larkin said that Denis Waters “has primary responsibility” for the obstruction of Gardai “and the carry-on on the night”.
Judge Larkin stated, “It is quite extraordinary how this situation kicked off. I am not happy with the way they conducted themselves. You can’t have people obstructing Gardai and threatening them with pitchforks”.
Judge Larkin said that Brian Waters was being disingenuous in his interview with the Probation Officer when stating that his physical involvement “was to stop a Garda interfering with a cow calving”.
At an earlier hearing into the case, solicitor for Denis Waters, Patrick Moylan said that “chaos” unfolded after Brian Waters looked on at around 1.30am on October 26th last to see Gardai pursue his father, Denis into the farm-yard.
Solicitor for Brian Waters, John Casey said that “out of nothing, all hell broke loose” in the farm-yard as his client was helping a cow to calve at the time when Denis Waters and Gardai entered the yard.
Judge Larkin stated, “If it was the Wild West you would say something but this is supposed to be a civilised country”.
Mr Moylan said that Denis Waters had earlier driven to the local pub “to have a few drinks” on the night and he got a call to return home as Brian was having trouble with a cow calving.
Mr Moylan said that the cow was in difficulty and he left the pub to get into the car to return home to help Brian with the cow.
Sgt Louis Moloney said that Denis Waters had taken off at speed from the pub at Tullycrine in the direction of Kilrush.
Sgt Moloney said that the Garda patrol car activated the blue lights and siren but Mr Waters failed to stop.
Sgt Moloney said that Mr Waters took a right turn to a farmhouse and Gardai wanted to arrest Denis Waters on suspicion of drink driving. Both cars arrived at the farm-yard.
However, Garda were prevented from arresting Denis Waters when he picked up the calving jack in the farm yard and started to swing it and it came close to Garda Gerard Summerly’s head.
Sgt Moloney said that Garda Summerly was pushed back by Brian Waters on numerous occasions who went to a shed and picked up a pitchfork and told Garda Summerly ‘I am going to give it to you’.
Sgt Moloney stated that while Brian Waters “was prodding the pitch fork forward Garda Summerly, he had no option but to deploy his OC (Pepper) spray in a bid to protect himself”.
Sgt Moloney said that Gardai from Ennis and Kilrush came to the scene.
Sgt Moloney said that Denis Waters made good his escape into the fields behind the farm yard. The following morning, Denis Waters presented himself to the local superintendent.
In the case, Judge Larkin has already imposed on Denis Waters a six year driving ban after he pleaded guilty to driving without insurance and a four year driving ban for dangerous driving and fines of €800.
Judge Larkin said, “Denis Waters should not have been driving. He should not have been driving without insurance and probably not drink driving”.
Brian Waters had pleaded guilty to producing a pitchfork during the course of a dispute and obstructing a Garda during the course of his duties.
Denis Waters also pleaded guilty to obstructing a Garda.
Brian Waters works as a mechanic but helps with the farm before he goes to work and after he comes home from work.
His solicitor, John Casey said, “They have a suckler herd which is very much hands on and needs 24 hour attention at certain parts of the year. Brian reacted very badly to the situation.”
Mr Casey said that Brian has no previous convictions while Sgt Moloney said Denis Waters has a conviction for drink driving and driving without insurance.
Mr Moylan said that father of three adult children, Denis Waters is very upset at what he has put his son through.
Mr Moylan said that when Denis Waters presented himself to the local superintendent, the superintendent agreed that what happened was totally out of character.
