*Charges were dismissed.ย
AN EAST Clare farmer has been cleared of trespassing on the lands of his ex-wifeโs new boyfriend to commit an offence or to interfere with the manโs cattle trough.
At Gort District Court, Judge Marian OโLeary dismissed the case against Padraig OโBrien (49) of Prospect House, Scariff, Co Clare due to a defective summons.
Mr OโBrien was contesting a charge that on October 25th 2022 at Loughinwadda, Peterswell, Co Galway that he was within the vicinity of the curtilage of the dwelling and farm yard of Sean Burke for the purpose of trespassing and giving rise to a reasonable inference that he was there to commit an offence or to unlawfully interfere with property.
Solicitor for Mr OโBrien, Jim Nash successfully argued that the cattle trough that Mr OโBrien was accused of interfering with was in a field on Mr Burkeโs farm and not within the vicinity of the curtilage of the dwelling and farm yard.
Judge OโLeary agreed with Mr Nash and dismissed the charge against Mr OโBrien.
At a Garda interview in November 2022 after Mr Burke had made a formal statement about Mr OโBrien allegedly trespassing on his lands, Mr OโBrien alleged that he โdiscovered that his wife was having an affair with Sean Burke of Peterswellโ in April of that year.
Mr OโBrien told the garda that โthe whole ordeal was a nightmareโ. He said that his ex-wife โtried to say that I tried to poison horses up in Peterswellโ.
In evidence, Garda Dara Melia told the court that Sean Burke is now in a relationship with Mr OโBrienโs ex-partner โand that is what he believes is the reason for Padraig OโBrienโs attitude towards himโ.
Asked did he know Mr OโBrien, Mr Burke replied, โNot particularly. I work with his ex-wifeโ.
From the witness box, he said, โWe are now in a relationship and he blames me for the demise of his marriage.โ
Mr Burke agreed with Insp Eleanor OโHalloran that โtensions were highโ with Mr OโBrien in October 2022.
Mr Burke said that Mr OโBrien โsent me an extremely abusive messageโ in August 2022. The content of the text message was not read out in court.
Mr Burke said that on October 25th 2022, an eye witness Patrick OโNeill described the person at his water trough โand I immediately knew who it wasโ.
In evidence, Mr O’Neill said that it looked like Mr OโBrien โwas interfering with the tank – it didnโt look right. It didn’t really make senseโ.
Mr O’Brien told Gardaรญ that he did enter the lands to take water from the trough for his overheating car. Mr Burke said, โI returned to the lands and thankfully cattle had not gone anywhere near that trough.”
He said, โI removed cattle from the field and I havenโt let cattle into that field sinceโ.
Mr Burke said that he removed a couple of bottles of water from the trough โin the hope that it would be sampled but because it was animals concerned and not people, the Gardaรญ donโt provide a facility to test the waterโ.
He said, โI contacted a couple of labs to see and they needed an indication as to what may be in the water to allow them to search in a certain direction – otherwise it would run to thousands to try to find out what it wasโ.
Mr Burke said that around six months later he decommissioned the water trough and found an acid battery at the bottom of the trough.
Mr Burke said that he longer uses the field for stock. โI have enough acres,โ he said.
Asked by Insp OโHalloran would a battery cause issues for his livestock, Mr Burke said, โI would imagine so, it would contain lead and acidโ.