Farmer settles right-of-way action with Healy-Rae
It comes as it emerged the DPP has directed that there be no prosecution arising from complaints of alleged assault last May.
Mr Healy-Rae, described as a publican and farmer, of Main Street, Kilgarvan, was the defendant in a civil action brought by Kieran Traynor, occupier of lands at Gortnaboul, Kilgarvan.
The proceedings arose from an incident on May 16 as a result of which Mr Healy-Rae and Con Traynor, a brother of plaintiff, were hospitalised.
In court documents, Kieran Traynor claimed he was entitled to a right-of-way over a portion of Mr Healy-Rae’s land at Fussa, Kilgarvan.
However, Mr Traynor said he was unlawfully obstructed by Mr Healy-Rae, on May 1, by the placing of a lorry on a passageway. He also claimed that, on May 16, the defendant obstructed him by erecting two sets of gateposts and closing and locking the gate.
When the case was called after an earlier adjournment, Brian McInerney, counsel for Mr Traynor, told the court it was no longer necessary for his client to ventilate his claim in court as the matter had been resolved to his satisfaction.
Henry Downing, counsel for Mr Healy-Rae, said he was delighted the matter had been settled. He then handed in five written pages and a map to Judge Seán Ó Donnabháin, who approved the settlement.
Terms of the settlement were not disclosed in open court, or by the parties afterwards. Maps dating from 1897 were consulted by legal teams in the case.
Solicitor Pádraig O’Connell, for Mr Traynor, afterwards told reporters: “We’re very pleased with the outcome which has concluded after day-long negotiations. Great credit is due to the parties and their advisers.”
Mr Healy-Rae’s wife, Eileen, and his father, former TD Jackie Healy-Rae, were also in court.
