Farmer jailed after neighbour’s death in land row
Connie O’Sullivan, his son Finbarr O’Sullivan and nephew Thomas Byrne, pleaded guilty to assaulting John Twomey, 65, on August 19, 2008.
Yesterday, Judge Patrick J Moran imposed a three-year jail sentence, to commence on December 1 with the last 18 months suspended, on Connie O’Sullivan, whom he described as the ring leader. Finbarr O’Sullivan and Thomas Byrne, were given two-year sentences, suspended entirely.
The three men were initially accused of the manslaughter of the farmer but they had this unlawful killing charge against them dropped by the state and they pleaded guilty to assault instead.
Connie O’Sullivan, aged 57, Annagannighy, Rylane; Finbarr O’Sullivan, aged 25, Millview Terrace, Model Village, Dripsey, and Thomas Byrne, aged 25, Rylane East, had pleaded not guilty to manslaughter of Mr Twomey. They were later re-arraigned on an alternative charge of assault causing harm to John Twomey and a second charge of assault causing harm to his brother, Patrick Twomey, who is now 70.
Judge Moran said land disputes had happened in Ireland for as long as one could remember but that they were usually resolved on legal advice and not dealt with by brute force as happened here.
Sergeant Paul Lynch said the dispute between the Twomeys and the Byrnes was in relation to a boundary ditch. The Twomeys believed a stream formed the boundary and that they were entitled to access to the stream for their animals. The Byrnes believed that a ditch on the Twomey side formed the boundary and that the Twomeys had no entitlement to use the stream.
On August 19, 2008, the Twomeys were using an excavator to remove part of the ditch. John was in an excavator while Patrick was in the field in his car.
“Thomas Byrne was the first in to the field. Finbarr O’Sullivan followed and then came Connie O’Sullivan. Patrick Twomey got out of his car and words were exchanged. Connie, Finbarr and Thomas attacked him, punching him. Connie had an implement — a fence stake.
“John Twomey got off his track machine and went to the scene of the altercation. He then turned around and went to run back towards his house. At this stage his trousers fell down around his legs. Connie O’Sullivan caught up with him and hit him with the implement.
“Thomas Byrne and Finbarr O’Sullivan then arrived. All three of them beat John Twomey when he was on the ground. They kicked and punched him.
“Patrick Twomey, fearing for his brother, sat into his car and revved the engine. He drove it at the three. When the car stopped, Connie O’Sullivan came at him with the fencing stick and then returned to assault John again.”
Thomas Byrne went to get up on the excavator but it cut out and the engine stopped and the incident appeared to end.
John Twomey died in the ambulance on the way to hospital but he was described as having a heart condition and the postmortem exam did not show any serious injuries, said Marjorie Farrelly SC on behalf of Connie O’Sullivan.
