Farmer fined €500 in ‘rubbish’ right-of-way row
Michael Burke, aged 57, from Clonakilty, Co Cork, was fined €500 for assaulting his neighbour, a farmer 30 years his junior.
Mr Burke told the court he was acting in self-defence as he was “in fear of his life” when he met David Beechiner in the disputed lane on June 20, 2013.
The two families are involved in a dispute “going back generations” over a 300m right of way across Mr Burke’s land.
“He’s a young man in his 20s. I was protecting myself,” Burke told Judge Aingeal Ní Chondúin. “He’d have killed me, I’d say. He was in a rage.”
The court heard how violence erupted as both farmers wanted to use the lane at the same time.
Mr Beechiner said Burke was “shouting and roaring” and threw a stone which he narrowly avoided before he was kicked in the legs and ribs by Mr Burke.
“He kicked me three or four times in the legs and I fell to the ground,” said Mr Beechiner. “Then all I could hear was someone shouting and he kicked me once more in the ribs before he walked away.”
He said of his injuries: “It was fierce sore, I could hardly work with it.”
Eugene O’Hea, who was working for Mr Beechiner for the day, said Mr Burke blocked the laneway — a 3m-wide track — over which the Beechiners have right of way.
“He was very angry and cross,” said Mr O’Hea. “He came through the gate, he kicked him in the legs, the backside. He knocked him to the ground and he kicked him in the ribs.”
Gardaí were called and it was agreed that Mr Beechiner would use an alternative route to complete the day’s work.
Inspector Ronan Kenneally said Burke had been given the benefit of the Probation Act in relation to a previous incident involving Mr Beechiner in 2007.
Judge Ní Chondúin said there was no doubt in her mind that an incident occurred. “If they don’t talk to each other, what do they expect?” she said.
“They were all doing an days work but they were absolutely stupid. It is shocking rubbish.”
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