HAVING spent one month in prison and facing an uncertain length of time behind bars, a county Limerick farmer told a circuit court judge that he will not “go against the wishes” of two bachelor brother that died without leaving a will for their 44-acre farm. 40-year-old Daniel Doherty, Rathcahill, Templeglantine, remains in Limerick Prison as he refuses to purge his contempt of court and obey an order to vacate the disputed lands.
Judge Carroll Moran held a special sitting at Limerick Circuit Court last Thursday to see if Doherty was willing to purge his contempt.
However ,the farmer said that it was the brothers wishes to have him on the land. “
They wanted me there, they brought my cattle in and I can’t go against their wishes”.
Having worked for the brothers on the farm for a number of years, Daniel Doherty claimed that he was promised the land by the two elderly men, a claim that was disputed through the courts over several cases. Mr Doherty had his claim of rights to the land thrown out by the High Court after the Circuit Court ordered that the land be divided amongst the relatives of the estate of Matt and Eddie Roche.
Eamonn Roche, nephew of the deceased, took an action on behalf of the estate to claim the ownership of the land. This claim was upheld and an order to vacate the land was imposed on Daniel Doherty in March 2010. one that Doherty refuses to obey.
At the court last week, Doherty was brought from prison and asked to purge his contempt. He told Judge Carroll Moran that he was not going to “break Matt and Eddie’s wishes”.
Judge Carroll Moran said that the issue had already been covered in previous court cases and that the issue now was whether the 40-year-old farmer would promise to leave the lands.
Doherty countered: “You are breaking Matt and Eddie’s wishes…I’m not breaking their wishes. I’m not going on to your property or anybody else’s property. Matt and Eddie own that land”.
Michael O’Donnell, solicitor for the Roche family, told the court that since the last sitting, “the cattle were removed, although a few mysteriously found their way back but they’re gone again”.
Then an application was made to the court by Mr O’Donnell on behalf of the Roche family to have five scrapped cars, a jeep, a tractor and a trailer removed from the farm. The items belonged to Daniel Doherty.
Mr O’Donnell noted that the Roche family said they would move the vehicles to a specific place for Daniel Doherty, otherwise, they would be moved to the scrap heap.
Daniel Doherty said the cars were not scrap and that he had a Mercedes and a Jeep there.
Judge Carroll Moran ordered that the vehicles be removed from the farm and left near Mr Doherty’s property.
Refusing to purge his contempt, Daniel Doherty was returned to prison and Judge Carroll Moran said that he was available “any time to sit in court,” should the farmer wish to purge his contempt.
