A father and son have narrowly avoided jail for their role in a chaotic late-night farmyard 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 gardaí with a pitchfork and a calving jack during a late-night incident at Derreen, Tullycrine, near Kilrush, Co Clare, on 26 October 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.

You can’t have people obstructing gardaí and threatening them with pitchforks

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 Denis Waters “has primary responsibility” for the obstruction of gardaí “and the carry-on on the night”.

Judge Larkin said: “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 gardaí and threatening them with pitchforks.”

Disinegenuous

Judge Larkin said Brian Waters was being disingenuous in his interview with the probation officer when stating 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 “chaos” unfolded after Brian Waters looked on at around 1.30am on 26 October last to see gardaí pursue his father, Denis, into the farmyard.

Solicitor for Brian Waters, John Casey, said that “out of nothing, all hell broke loose” in the farmyard as his client was helping a cow to calve at the time when Denis Waters and gardaí entered the yard.

Wild west

Judge Larkin said: “If it was the wild west you would say something but this is supposed to be a civilised country.”

Mr Moylan said 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 the cow was in difficulty and Denis Waters left the pub to get into the car to return home to help Brian with the cow.

Sgt Louis Moloney said Denis Waters had taken off at speed from the pub at Tullycrine in the direction of Kilrush.

Sgt Moloney said the garda patrol car activated the blue lights and siren but Mr Waters failed to stop.

He said Mr Waters took a right turn to a farmhouse and gardaí wanted to arrest Denis Waters on suspicion of drink driving. Both cars arrived at the farmyard.

However, gardaí were prevented from arresting Denis Waters when he picked up the calving jack in the farmyard and started to swing it and it came close to Garda Gerard Summerly’s head.

Sgt Moloney said Garda Summerly was pushed back by Brian Waters on numerous occasions and that Brian Waters went to a shed and picked up a pitchfork and told Garda Summerly: “I am going to give it to you.”

Sgt Moloney said that while Brian Waters “was prodding the pitchfork forward [at] Garda Summerly, he had no option but to deploy his OC [pepper] spray in a bid to protect himself”.

Sgt Moloney said gardaí from Ennis and Kilrush came to the scene.

He said Denis Waters made good his escape into the fields behind the farmyard. The following morning, Denis Waters presented himself to the local superintendent.

Ban

In the case, Judge Larkin had 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 Brian has no previous convictions while Sgt Moloney said Denis Waters has a conviction for drink driving and driving without insurance.

Mr Moylan said Denis Waters, the father of three adult children, is very upset at what he has put his son through.

He said that when Denis Waters presented himself to the local superintendent, the superintendent agreed that what happened was totally out of character.