Court plea over farmer’s €700k debt

A MEMBER of the Irish Farmers Association told the High Court yesterday it would be like a “Cromwellian implantation” if an elderly farmer’s land was sold to discharge a debt of almost €700,000 owed to a man injured on his farm.

Mossie Clery, aged 72, Ballynamolooch, Kilmallock, Co Limerick, had been given until yesterday to raise €100,000 in part discharge of a judgment granted against him in favour of David O’Connor 17 years ago.

Members of his local IFA and friends of Mr Clery had raised €30,000 to date in the name of the Farm Saver Fund towards the debt, the court heard.

Eddie Scanlon, chairman of the Co Limerick IFA, told the court no one from the area wanted to see Mr Clery’s land sold to help pay off the debt.

“It would seem like a Cromwellian implantation of the land, no farmer in his right mind would touch it,” he said.

“This is a man that has spent his life on that farm, a man that has worked on that land and now in this hour of his age all that I can plead for is to give him more time,” he said.

Ms Justice Mary Finlay Geoghegan said she had sympathy for Mr Clery’s predicament but Mr O’Connor, a former neighbour of Mr Clery, was entitled to payment.

The proceedings arise after Mr Clery was ordered in 1993 to pay Mr O’Connor compensation for injuries he suffered following an accident on the farm 20 years ago. More than €696,000 was ordered to be paid.

Mr O’Connor’s injuries left him paralysed on his left side and confined to a wheelchair for long periods of time and he is seeking payment of the monies owed.

Yesterday, Ms Justice Finlay Geoghegan said the court was faced with a difficult situation but could not allow too long a period to pass before Mr O’Connor was paid what he was legally entitled to.

She said €30,000 fell a long way short of €100,000 and she was not convinced proposals for raising funds were feasible.

The judge noted Mr Clery’s 65-acre farm, with the exclusion of his dwelling house, was valued at €400,000 in June of this year. However, she said she could not ignore the difficulties of selling land now even if an order of possession was enforced.

The judge suggested mediation and the parties agreed to enter mediation based on conditions.

Mr Clery was ordered to sign over to Mr O’Connor €25,000 of the €30,000 raised no later than Friday next with the remaining €5,000 to be transferred to Mr O’Connor’s solicitors to be held as payment towards the appointed mediator.

Mr Clery also undertook to appear in court in two weeks when a timetable for the mediation process will be set out.