Kenny land dispute turned physical, court hears

A DISPUTE over ownership of a strip of land between the home of Pat Kenny and his neighbour erupted into physical confrontation shortly after the broadcaster voiced fears that there might be attempts to develop properties in what he called “our enclave” in Dalkey, Dublin, it was claimed in the High Court yesterday.

Retired solicitor Gerard Charlton, aged 73, who says he is the owner of a 0.2 acre strip of land at the centre of the dispute, claimed Mr Kenny jostled and barred him from entering the property while the Late Late Show host claimed he was assaulted when the gate to the property was banged shut on his (Kenny’s) hand.

The court heard accusations that Mr Kenny, aged 60, had made a number of “outrageous” remarks — which are to be detailed in evidence by Mr Charlton — during the confrontation.

Mr Kenny was also accused of using concerns about the safety of his two daughters as “weapons” in the dispute by linking them to incidents in which the television star was targeted by stalker Paul Stokes both at his home and at work. Mr Stokes hit the headlines when he drove his car into the revolving front door entrance of RTÉ studios in Montrose over road safety issues in December 2006.

The claims came in the opening address on the first day of the hearing of the dispute, which is expected to last four weeks and will involve trial judge Ms Justice Maureen Clark visiting the disputed site known as Gorse Hill, Dalkey, Dublin.

Mr Charlton and his wife Maeve claim they own the property, described by their lawyer as “an urban wilderness” of scenic value to them, but valued on the market at between €1 million and €2m — and more if acquired by Mr Kenny whose home runs the length of the site.

Mr Kenny and his wife Kathy, who were in court, have counter-claimed and say they are the owners by virtue of adverse possession — or squatter’s rights — which they obtained between the period 1991 and 2003. They claim it is part of their garden, which is denied by the Charltons.

The court heard yesterday that the Charltons will say Mr Kenny repeatedly asked them (Charltons) over the years to sell Gorse Hill to him to such an extent that it became “a bit of a joke”.

Opening the case, Eoghan Fitzsimons SC, for the Charltons, said the court would hear evidence that the Charltons bought their home, Maple Tree House in 1971 and as part of that purchase acquired Gorse Hill.

The Kennys bought an adjoining property called the Anchorage in 1988 and later built a new house (also called Anchorage) on part of the site.

Mr Fitzsimons told the court the Kennys and the Charltons became good neighbours, getting on “like a house on fire”.

The Kennys socialised with the Charltons, visiting them at Christmas and sending them cards signed “with love from Pat and Kathy”.

Mr Kenny would regularly visit them without phoning first and, on occasion, even walk into their home without knocking, counsel said.

Mr Kenny and Mr Charlton regularly chatted with each other when they met while out walking.

The Kenny and Charlton children also got on well together and they were also friendly with their other neighbours, the McMahons, who were the Charltons’ daughter and son-in-law. Mr Kenny over the years got advice from the son-in-law, Corry McMahon, an auctioneer, in relation to property matters, Mr Fitzsimons said.

When Mr Charlton got ill in 1998 and underwent heart bypass surgery, Mr Kenny visited him and gave him five or six books.

Mr Fitzsimons said the events that led up to the dispute began in February 2006 when Mr Kenny and Mr Charlton had a discussion about a bulge that had appeared in the wall between Gorse Hill and the Kenny property. Mr Charlton offered to get his Moldovan gardener Vanya to take a look at it and to pay half of whatever the cost of repair might be.

Mr Kenny had previously installed an electronic pedestrian gate to control access to Gorse Hill and Mr Charlton asked for the code but was never given it and his (Charlton’s) apprehensions began to grow, Mr Fitzsimons said.

Around this time, one of the other properties adjoining Gorse Hill, called “Yonder”, was due to go on the market and Mr Kenny expressed his concerns to Mr Charlton that it might be bought by a developer. “Mr Kenny indicated he did not want any further development in our enclave,” said Mr Fitzsimons.

Three weeks later, in July 2006, still not having received the code to the Gorse Hill gate, Mr Charlton wrote a letter in which he asked for the code number again.

Counsel said the court would hear he intended to leave the handwritten letter at the Kennys if they were not in, but when he arrived they were there and a discussion took place in which Mr Kenny asked what was Mr Charlton’s “agenda” in relation to Gorse Hill.

Mr Charlton, who was accompanied by his son-in-law Mr McMahon, handed the letter he had written to Mr Kenny and then decided to leave the Kenny home, counsel said.

Outside, they continued talking and Mr Charlton made his way towards the steps up to Gorse Hill at which point, the court would be told, Mr Kenny reacted and jostled Mr Charlton.

The court would hear Mr Kenny ran up the steps to bar Mr Charlton “with his fists raised” telling him he was not going in. Mr Charlton said he had a right to go in and Mr Kenny, it would be alleged, said, “I have never seen the title deeds”.

Mr Charlton and Mr McMahon got through the gate anyway and, the court will be told, Ms Kenny bolted the gate and Mr Kenny said he was calling the gardaí. There will also be an allegation that Mr Charlton closed the gate on Mr Kenny’s hand.

It was during this confrontation that certain “outrageous comments” were made by Mr Kenny, Mr Fitzsimons said, and they would be given during the evidence.

Mr Kenny opened the gate to let the two men out and the conversation returned to the bulge in the wall.

There followed a number of letters between the lawyers for both sides in which claims were made about a number of matters, including distress to the Kennys’ two daughters from this incident. But it was not until August 2006 that the claim of squatter’s rights was made, said Mr Fitzsimons.

The court will also hear of another incident in January 2007, when the Kennys were on holiday in Portugal and around the same time as the problems with stalker Paul Stokes. Mr Charlton and his son-in-law went onto Gorse Hill, climbing over the gate, and removed a number of bird feeders that had been erected on the property.

Gardaí were called by a woman who was minding the Kenny house although they left after Mr Charlton outlined the position.

The hearing continues.