A farmer told another farmer that he would shoot his cattle if they went onto his land in a flash-point over a disputed right of way in the Burren, a court has heard.

At Ennis District Court, farmer Donal O’Brien, giving evidence in the State’s prosecution for an alleged assault, made the admission over the threat to shoot the cattle belonging to Martin Neylon.

However, Mr O’Brien denied that he made a threat to shoot “one by one” three members of the extended Neylon family at Cregg, Ballyvaughan on 14 October 2019.

In the case, Judge Mary Larkin dismissed a charge against Jack Neylon (33) of Knockroe, Tubber, Crusheen, of assaulting Mr O’Brien at Cregg, Ballyvaughan, on the same date.

Mr O’Brien told the court that Jack Neylon pushed him three times at the scene. This was denied in evidence by Jack Neylon, who said that he didn’t touch Mr O’Brien, the only State witness in the case.

Judge Larkin said that she was dismissing the assault charge against Jack Neylon because she had “a doubt”.

Judge Larkin stated that she regarded as “significant” a prepared statement that Mr O’Brien had provided to gardaí a number of days after the incident “where he left out anything that may not have reflected well on him.”

The judge added that she was “concerned” over that statement and that it wouldn’t be safe to convict Jack Neylon, saying that “the proper place for disputes of rights of way is in the circuit court and they should stay there”.

Right of way

Mr O’Brien told the court that he had a right of way at the location.

However, under cross examination from solicitor for Jack Neylon, Daragh Hassett, Mr O’Brien admitted: “There is no right of way registered in my favour there”. Mr Hassett stated: “You don’t have a right of way and you don’t have a registered right of way.”

Mr O’Brien confirmed that the dispute over the right of way is to be heard at the Circuit Court in the future.

There is a gate across the disputed right of way and Mr O’Brien told Mr Hassett that he came back the following day and cut the lock to the gate.

He said that he had cut the lock ”previous times”.

Mr Hassett told Mr O’Brien in his prepared statement to gardaí that he didn’t say he threatened to shoot cattle.

In response, Mr O’Brien said: “I was advised not to."

Mr Hassett stated that his instructions are that Mr O'Brien called the Neylons: "Tinkers and liars, was going on about the lands and you were frothing at the mouth” on 14 October 2019.

Mr O’Brien denied this.

Mr Hassett said: “I am also instructed that you told them that you would shoot the three of them 'one by one and any bollix who went into the place'.”

Mr O'Brien also denied saying this. Mr Hassett put it to Mr O’Brien: “What you have said to the gardaí is completely self-serving and you left out anything that didn’t reflect well on you until I put it to you today.”

Mr Hassett stated that the lands were owned by Sylvie Neylon and passed onto Martin Neylon, who is the current owner.

Mr Hassett said that the lands are to be enjoyed by Martin for his lifetime and will then pass onto Jack.

Mr Hassett then said that Mr O’Brien can access the lands without using the right of way and in response, Mr O’Brien stated “only the bottom part".

Mr Hassett stated that Martin Neylon is Jack Neylon’s father's first cousin.