Farmer sent back to jail in bitter land dispute

A FARMER was sent back to Limerick Prison yesterday when he refused to give an undertaking to Limerick Circuit Court to stay away from a 40-acre farm he claims was left to him by bachelor brothers who died without leaving a will.

Daniel Doherty, 40, of Rathcahill, Templeglatine will today be five weeks in prison for contempt of court.

Doherty was sent to prison by Judge Carroll Moran on July 29 when he refused to give an undertaking to vacate lands at Rathcahill, Templeglantine.

Sixteen “squatter” cattle belonging to Doherty were removed by the Roche family, the farm’s lawful owners. The Circuit Court had previously ruled that nephews and nieces of brothers Eddie and Matt Roche are the lawful inheritors of the land. The High Court threw out Doherty’s challenge to this in November.

On the orders of Judge Moran, Doherty was brought back to court yesterday to give him a chance to purge his contempt.

When asked a number of times by Judge Moran if he was prepared to give an undertaking to stay away from the lands, Doherty said he was not going to go against the wishes of Matt and Eddie Roche, who he said, had brought him into the farm in the first place.

Judge Moran said all these matters had already been decided by the court.

Doherty told Judge Moran that the court was breaking the wishes of Matt and Eddie Roche.

Judge Moran said that as Doherty was not prepared to purge his contempt, he ordered that he be returned to prison. He said he would be prepared to sit at any time if Doherty wished to purge his contempt.

At yesterday’s hearing, Michael O’Donnell, for Eamonn Roche, administrator of the property, said five scrap cars, a jeep, a tractor and trailer belonging to Doherty were still on the land. Judge Morgan ordered the removal of these.

On August 11, 16 animals — 15 dry stock and one cow — belonging to Doherty, were removed from the land. Within days five the cattle were returned to the land and again removed by the Roche family.

Bachelor brothers, Eddie and Matt Roche farmed the hillside holding. Matt died in 2002 and Eddie passed away two years later.

Eamonn Roche was appointed administrator of the property on behalf of 12 nephews and nieces.

Doherty challenged their right to the land, saying he helped the brothers run the farm. He claimed Matt told him the land was his when he and his brother died.

He lost his case in the Circuit Court and an appeal by him was thrown out by the High Court.

Doherty refused to vacate the farm after the hearings.