The brother of a farmer accused of shooting another farmer over a right of way linking their lands has lodged a €3,000 surety to have the accused released on bail.

Ted O’Donoghue (72) of Killmoreen, Kildimo, Co Limerick, was charged last Saturday with assault causing harm to John Hayes, 65, at lands at Ballycasey, Kildimo, on 16 June, 2017.

Mr O’Donoghue, who initially appeared before Limerick District Court last weekend, was remanded in custody with consent to bail, to appear in court today, Tuesday, 20 June.

However, it has emerged Ted O’Donoghue’s brother William lodged €3,000 of a €5,000 surety with the court, to have his sibling released from custody on bail.

Ted O’Donoghue is remanded to appear before Newcastle West District Court on 27 June for directions from the DPP.

Feud

At a bail hearing last Saturday, Gardai alleged the shooting was part of a “feud” over a right of way which was described as “a small dirt track”.

The court heard allegations that John Hayes’s dog Lassie was shot and killed in the incident.

Newcastle West-based Garda Jason Mitchell, told the hearing that the accused “allegedly fired a shot” from a single barrel shotgun at Mr Hayes, “wounding him in the right shoulder”.

He said it was part of “an ongoing long running feud over a right of way”.

“Further more serious charges are anticipated,” he added.

Right of way

The court heard the right of way is situated on Ted O’Donoghue’s land, but that neighbouring landowners, including John Hayes, accesses it to get to their farmlands.

Gardai objected to bail under Section Two of the Bail Act, and under O’Callaghan Rules, fearing Ted O’Donoghue may interfere with witnesses.

William O’Donoghue gave an undertaking in court to act as surety for his brother; and to monitor his movements whilst on bail, including chaperoning him to Mass services outside the locality.

He also agreed to manage the accused’s farm at Ballycasey.

Gardai said they had recovered a gun as part of their investigation.

Bail conditions

Ted O’Donoghue agreed in court to abide by a number of strict bail conditions, including that he stay away from his farmland at Ballycasey; sign on daily at Newcastle West garda station; obey a curfew of 10pm to 8am; and be available to gardaí at all times,

He also agreed not to make contact any witnesses, or any neighbouring landowners.