A brother and sister who disputed the ownership of a tract of land at Carrickdexter near the Slane Castle estate in Co Meath used a tractor and chain to pull down a neighbour's fence, Trim District Court was told the week before last.

Gerard O'Brien (54) and his sister Suzanne O'Brien (48) of Carrickdexter first appeared in court in November 2017 charged with alleged criminal damage following an incident in 2016 in which steel fencing valued at €5,000 and owned by James Matthews was damaged.

At that hearing, both defendants were represented by barrister Dolores Keane.

Adjourned

Judge Cormac Dunne had adjourned the case to see if the parties could find a civil remedy in another court.

However, when the case resumed recently, the judge was told that compensation had not been paid to Mr Matthews.

Garda Oscar Reynolds had given evidence that Gerard O'Brien had admitted pulling down the fence and he arrested him.

Ms O'Brien, who had been present when the fence was removed, had also been arrested.

Mr Matthews said he had purchased the land from the Conyngham estate

Mr O'Brien had told him that he had "squatter's rights" on the land.

However, when Garda Reynolds visited Mr Matthews, he had shown him a folio showing that certain lands were registered in his name.

Mr Matthews said he had purchased the land from the Conyngham estate and added that the issue over the land had been going on for 26 years.

Mr Matthews also said that the O'Briens had tried to get title on the piece of land in question.

When the barrister said there had been a dispute over the ownership of the land, Judge Dunne said there had been a long history in Ireland of disputes over boundaries and land, but asked how that could be relevant to a criminal charge.

Lawful excuse

Ms Keane quoted the Criminal Damage Act, which stated that a person would have to be without "lawful excuse" in order to be able to be convicted of criminal damage. Mr O'Brien would say he had lawful excuse.

Her client had "reasonable belief" that there were defects in the title to the land.

"This is a classic case of neighbours and farmers involved in disputes over land - I have heard it over 41 years. Then people act to display their emotions in court," the judge said.

The case had been put back in recent weeks when invoices provided by Mr Matthews for the damage to the original fence and the erection of a new one were challenged.

Judge Dunne then directed Garda Reynolds to go to Mr Matthews to have the invoices checked out.

The total involved in Mr Matthews' claim was €9,000, but Garda Reynolds said he offered to settle for €7,000.

Last week, when the case was again called at Trim District Court, the issue of the invoices was again raised by a lawyer for the defendants. Judge Dunne said the compensation would have to be paid or he would go on to convict.

He then convicted the brother and sister and imposed a fine of €500 on each of them.

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