Brother collapses in court during siblings land dispute

In dramatic scenes, a Co Cork man representing himself in a case against his brother appeared to collapse yesterday just as his sibling was taking the witness stand.

The episode unfolded in Fermoy Circuit Court in a case involving a disagreement over land involving brothers David Roche and Frank Roche.

The case, heard by Judge Seán Ó Donnabháin, concerned a claim by David Roche for an interim court order against his brother amid claims of intimidation in the wrangle over land.

The court heard Frank Roche, of Ballyadeen, Castletownroche was previously ordered not to block entrances or exits and not to threaten anyone following a previous court hearing in January.

Tim Harley, counsel for plaintiff in the case David John Roche, said the ownership of the lands in question had already been resolved at the High Court, having been transferred to his client by David Roche’s father.

Mr Harley said Frank Roche was awarded a smaller parcel of land, but had been continuing to assert claim over the lands given to David Roche and that this was “interfering with [David Roche’s] use of these lands”.

Counsel for David Roche said the situation had “escalated and escalated to a point where it requires interim relief”, citing long-term obstruction to entrance to the land and “the placing of unpleasant items” at the entrance to the land.

Mr Harley said there had not been a breach of the previous order placed on Frank Roche, but he claimed Frank Roche had “put together an entourage of people” and it had resulted in “protests outside the farm”, alongside matters being aired in various media outlets.

“David John Roche is extremely frightened at this point,” Mr Harley said. “He is under a great deal of pressure.”

He said his client, David Roche, had to “run the gauntlet” of protests held near his property and that contractors contacted by David Roche to carry out work on the lands had been “interfered with”.

Responding, Frank Roche, who was representing himself in court, said the case was “totally unnecessary”, adding: “I do not want to fight with my family.

“I have a full counter-claim to this case,” he said, adding “all my life, I only worked on a farm”.

David Roche, right, with solicitor Justin McCarthy

Frank Roche also rejected a claim from Mr Harley he had refused to accept the actual transfer of a smaller parcel of land.

David Roche was then called to the stand, at which point Frank Roche appeared to collapse to the ground.

Three gardaí immediately attended to him, along with another woman who was already in court. He was initially unresponsive but revived himself and was taken to a doctor’s surgery.

One man said “this is a scandal”, to which another replied: “It is not a scandal. We are supporting him.” The judge then ordered the second man to leave the court.

Judge Ó Donnabháin heard the other civil cases in a different court room and later adjourned the matter until June 15.