78-year-old farmer fined at court in Tubbercurry for assault on neighbour

A PENSIONER farmer has been found guilty of assaulting his neighbour and of trespassing on her property in a contested case at Tubbercurry District Court. 78-year-old Joe Reid, from Copplecurragh, Charlestown, had denied assaulting Elizabeth Murphy on April 6, 2019, at Copplecurragh, Charlestown, and trespassing on her property, likely to put her in fear, on May 5 at the same location. In a witness statement read out in court said she was on her land with her stepfather on April 6, 2019. There had been issues with the defendant’s cattle from a neighbouring farm, as they had been on her land.

The defendant verbally abused her, was waving a stick, and hit her on the upper leg.

She said that she could not believe it.

The defendant went away but the witness said she was afraid to go out on her own land.

On May 5, there had been issues with the defendant’s cows breaking into Ms Murphy’s land.

She went to move a cow and the defendant was present. He ran after her, waving a stick, and she ran back into her shed. He then went away.

Her second statement told the court that she had to sit down, and she was afraid of what he might do, and she also suffered an asthma attack.

The witness agreed under cross-examination from defence solicitor Éamonn Óg Gallagher that relations between the parties had been good in the past.

Mr Gallagher said his client had lived in the area all his life.

In September 2019 he had medical issues and was in hospital.

His own house had been ransacked and he could not go back to it and was now living in sheltered accommodation. Mr Gallagher said the defendant’s behaviour was totally out of character and he will say that he did not strike the witness with a stick.

The witness said her statement was correct and there was no further interaction.

The injured party’s stepfather Martin Miller said that on April 6 he heard a scream on the land and she was rubbing her legs and was crying and said “he hit me”.

She had called the gardaí in Swinford.

This witness said he did not see Joe Reid.

On the second incident on May 5 he said Ms Murphy was letting down a fence on the land.

The witness turned back and then he saw his stepdaughter sitting on the ground.

She was in distress, and he rang an ambulance and gave her some water.

The witness said he saw the defendant waving a stick at his stepdaughter a few times.

The court heard the defendant was on his own property when he was waving the stick. Mr Gallagher told the court the defendant was living in sheltered accommodation in Charlestown and would not be going back to the land.

The defendant denied striking Ms Murphy with a stick.

He said: “No, I could not do anything like that.” Inspector Frank Egan told the defendant that he had declined to make a statement to Garda Shane O’Connor when he called to his home on April 26, 2019.

“I never used a stick on a person in my life,” said the defendant.

Mr Gallagher said it was a sad issue that arises from time to time and the background speaks for itself. The defendant denies the charge and there must be an element of doubt as Mr Miller did not have any corroborating evidence. Judge Kevin Kilrane said he found the facts proved and the evidence of Miss Murphy compelling.

The defendant, he said, may suffer from memory issues.

He fined the defendant €200 for assaulting Ms Murphy on April 6.

The judge pointed out that on May 5 Ms Murphy got a fright and an attack of asthma.

The judge put the defendant on a probation bond on the second charge before the court and he ordered the defendant to stay away from Ms Murphy’s land.