Case to resume against farmer jailed for refusing to vacate land

THE contempt case against a man who occupied the property of two bachelor brothers who died without leaving a will for their small holding will be resumed at a special court sitting next Friday.

Judge Carroll Moran has agreed to interrupt the August court holiday and will hold a special sitting of Limerick Circuit Court to learn if a west Limerick farmer is prepared to purge his contempt of a court order which has led to him being sent to Limerick prison.

Daniel Doherty, who is his early 30s, of Rathcahill, Templeglantine, Co Limerick, was committed to prison at the same court last Friday after Judge Moran was told that Doherty had failed to abide by a ruling of the court that ordered him to vacate land and a house that had been owned by brothers Edward and Matt Roche. The property consists of a small dwelling and about 40 acres.

When Edward Roche died in 2004, he had been predeceased by his brother Matt. There was no will. Their nephew, Eamonn Roche, was appointed administrator on behalf of the beneficiaries, who are also relatives of the Roche brothers.

Proceedings were brought against Doherty at the circuit court to vacate the property and he lodged a counter-claim, stating he was entitled to the property, having done certain works over the years on the farm for the Roche brothers, such as milking cows and saving hay.

He also claimed that the Roche brothers had promised him and his mother that he would receive the property when they died.

Doherty lost his case and was ordered by the court to vacate the property on March 4, 2010.

An appeal by Doherty against this judgement was thrown out by the High Court last November.

He was brought before Judge Moran last Friday and refused to purge his contempt and give an undertaking to vacate the property.

Emmet O’Brien, for Eamonn Roche, the administrator of the property, said it was their information that locks had been changed in the house, and he asked that should Doherty purge his contempt and that somebody other than him should remove any property he had there.

Judge Moran will resume the hearing on Friday.