Kenny ‘betrayed friendship’ over land

RTÉ’S highest paid TV and radio star Pat Kenny was yesterday accused of a shocking betrayal of friendship by trying to take possession of a potentially valuable piece of land.

A High Court judge will give his decision today on a bid by the Late Late Show host Pat Kenny to have a legal dispute with his neighbour over a strip of land adjoining their homes dismissed.

Mr Justice Frank Clarke will rule on an application by lawyers for Mr Kenny and his wife Kathy to strike out proceedings taken by neighbour and retired solicitor Gerard Charlton, who suffers from heart trouble, and his wife Maeve over ownership of the land known as Gorse Hill in Dalkey, Dublin.

The Kennys have counter-claimed and say they own the land — worth about €1.5m — by virtue of adverse possession or what is commonly known as squatter’s rights.

The case had been due to begin in the High Court yesterday, but on Monday, the Kennys brought a separate application seeking to have the entire proceedings struck out.

In a last-ditch attempt to halt the court battle over the land row, the Kennys’ lawyers claimed a set of aerial photographs have been held back interfering with their case.

Brian O’Moore SC told Dublin’s High Court that 72-year-old Mr Charlton, wanted to keep the pictures for tactical advantage in court.

But responding to the allegations, the retired solicitor’s lawyer said the Kennys had betrayed a friendship.

“The Kennys were treated by them as great friends and welcomed to the community by them,” said Eoghan Fitzsimons SC.

“There’s a sense of shock and terrible betrayal that the defendants are seeking to take land from them that is theirs.”

Mr Fitzsimons said the fact the Charltons and Kennys had been friends ultimately accentuated the sense of shock over the land dispute.

The judge was told the pictures had been taken from the air as the family and their legal team had been denied access to the land.

Mr Fitzsimons described the whole affair as a nightmare for the Charltons.

“[It] has put a very serious cloud over their retirement years of peace and tranquillity,” he said.

The court heard the case had caused considerable distress, compounding health problems Mr Charlton suffered from his heart condition and also the recurrence of an illness his wife had suffered years ago.

If the case does go to full hearing it could last four weeks and cost millions.