Brother of farmer accused of shooting over land access lodges €3,000 to have sibling released on bail

A brother of a farmer accused of shooting another farmer, over a right of way linking their lands, has lodged a €3,000 surety to have the accused released on bail, writes David Raleigh.

Ted O’Donoghue of Killmoreen, Kildimo, Co Limerick, was charged last Saturday with assault causing harm to John Hayes (aged 65) at lands at Ballycasey, Kildimo, on June 16 this year.

John Hayes, 65, who was shot in the shoulder.

Mr O’Donoghue initially appearing before Limerick District Court last weekend, was remanded in custody with consent to bail, to appear in court today.

However, it has emerged Ted O’Donoghue’s brother William lodged €3,000 of a €5,000 surety with the court, to have his sibling released from custody on bail.

Ted O’Donoghue is remanded to appear before Newcastle West District Court on June 27 for directions from the DPP.

At a bail hearing last Saturday, gardaí alleged the shooting was part of a "feud" over a right of way which was described as “a small dirt track”.

The court heard allegations that John Hayes’s dog Lassie was shot and killed in the incident.

Newcastle West based Garda Jason Mitchell, told the hearing that the accused “allegedly fired a shot” from a single barrel shotgun at Mr Hayes, “wounding him in the right shoulder”.

He said it was part of “an ongoing long running feud over a right of way”.

“Further more serious charges are anticipated,” he added.

The court heard the ‘right of way’ is situated on Ted O’Donoghue’s land, but that neighbouring landowners, including John Hayes, accesses it to get to their farmlands.

Gardaí objected to bail under Section 2 of the Bail Act, and under O’Callaghan Rules, fearing Ted O’Donoghue may interfere with witnesses.

William O’Donoghue gave an undertaking in court to act as surety for his brother; and to monitor his movements whilst on bail, including chaperoning him to Mass services outside the locality.

He also agreed to manage the accused's farm at Ballycasey.

Gardaí said they had recovered a gun as part of their investigation.

Ted O’Donoghue agreed in court to abide by a number of strict bail conditions, including that he stay away from his farmland at Ballycasey; sign on daily at Newcastle West garda station; obey a curfew (10pm-8am); and be available to gardaí at all times.

He also agreed not to make contact any witnesses, or any neighbouring landowners.

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