Refuses to purge his contempt of court order
“You must respect the court,” was the advice offered by a Limerick Circuit Court judge presiding over the case of a Templeglantine farmer who refuses to purge his contempt of a court order, where he is to stay away from the farmland of two deceased brothers.
Daniel Doherty was before Judge Carroll Moran after he was brought from Limerick Prison, where he has spent the last three months after refusing to obey a court order.
Mr Doherty has fought his claim to the 40 acre holding, and told the judge on each occasion he was brought to court that he will not “go against the wishes” of two bachelor brother that died without leaving a will.
40-year-old Daniel Doherty, Rathcahill, Templeglantine, remains in Limerick Prison again this week as he refused to purge his contempt of court and obey an order to vacate the disputed lands.
Judge Carroll Moran said that there would be “anarchy and chaos,’ if Mr Doherty was released without purging his contempt.
However, refusing to agree to stay away from the land, 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, Doherty claimed that he was promised the land by the two elderly men, a claim that was disputed through the courts.
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 Doherty in March 2010, one that he refuses to obey.
At the court last week, Doherty was again brought from prison where he has been incarcerated for the last three months and was 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 there would be chaos, anarchy and chaos if he chose to release Daniel Doherty without him agreeing to stay away from the land.
The judge 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.
“People have to obey court orders, You are going to stay in prison until you purge your contempt”.
The judge added that he didn’t want to see him in prison, and Doherty responded, saying “Let me go so”.
Judge Carroll Moran asked if he would obey the order and stay away from the land and Doherty replied; “No, Matt and Eddie wanted me there”.
In recent weeks, cattle owned by Mr Doherty that were grazing on the land, as well as other items including cars and a jeep, were removed to another farm holding away from the disputed site.
Imprisoned on July 29 last, and refusing to purge his contempt, Doherty was returned to prison, and Judge Carroll Moran said that he will remain there indefinitely.
