Elderly couple and son accused of harassing farmer

A COUPLE and their son appeared in court yesterday charged with harassing a farmer over a disputed right of way.

The dispute between Joseph Scales and the Madigan family dates back to 2002. Yesterday Mr Scales, aged 63, described how during an alleged assault by Joseph Madigan, aged 33, three dogs owned by the Madigans pulled at him as he lay on the ground.

At a special sitting of Ennis District Court, Joseph Madigan and his mother Anne Madigan, aged 65, of Callura West, Ennistymon, Co Clare, were charged with assaulting Mr Scales at Callura West, on November 28, 2010. Anne Madigan, her son, and her husband, PJ Madigan, aged 68, are also charged with harassing Mr Scales on dates between January and December last year. The Madigans deny all charges.

Mr Scales said on November 28, he was bringing a bucket of feed to his pony in the field “when Joseph Madigan appeared and he told me ‘you’re not going in there’ and he pulled me to the ground and his three dogs came along pulling at my hair and my feet… He was down on top of me. I didn’t do anything to him.”

Mr Scales said that he was held on the ground for three to five minutes.

Asked about Anne Madigan’s involvement, Mr Scales said: “All I heard her saying to her son Joseph was to let me up off the ground.”

The Madigans’ solicitor, Neil McNeilis, said Joseph Madigan had to restrain Mr Scales on the ground “because you were extremely violent at that stage”.

Mr Scales replied: “I don’t recall that.”

The alleged assault is captured by CCTV footage installed by the Madigans and Judge Aeneas McCarthy ruled yesterday that the footage is admissible.

Superintendent Colm O’Sullivan said the dispute dates back to 2002, when Mr Scales inherited eight acres adjacent to the Madigan property. He said in November 2003, a circuit court order granted Mr Scales access to his lands through the disputed right of way, and that court order remains in force today.

The case continues.