'This is not a highway in Los Angeles...This is a boreen in West Cork': Neighbours' water run-off row lands in court

A row between neighbours over water run-off from a boreen on the Beara peninsula has resulted in both men being found guilty of assault and bound to the peace on sums reaching €30,000.

Timothy Harrington of Derrivore, Eyeries and Johannes Kleinen of Kilcatherine, Eyeries, faced a charge of assaulting each other on May 5 last at Tracalee in Kilcatherine, which they both denied.

Bantry District Court heard that five years ago both men engaged in acrimony over a right-of-way in the same area, where Mr Kleinen, 73, has a property and where Mr Harrington, 61, rents land to graze cattle.

At that time it was alleged that Mr Kleinen, who moved to West Cork in 1976, had erected an iron bar to inhibit the narrow right-of-way there.

A fresh issue over water run-off arose just weeks before the May 5 incident last year.

Timothy Harrington alleged that he and his son were repairing a hole in the fence so that water coming down the mountain would flow out onto the road and down to the sea, rather than through the field, which they said would be damaged by excess water.

Mr Kleinen, however, would unblock the hole each time Mr Harrington filled it in, claiming that water flowing onto the road ended up going through his property.

Mr Harrington - who had a camera set up and trained on the disputed stone fence - said that at 7.02pm on May 5 he visited the site and saw Mr Kleinen unblocking the hole he had earlier filled in.

He told Judge James McNulty he asked Mr Kleinen what he was doing and was taking pictures when Mr Kleinen swung a bar at him, missing the first time and striking him in the head the second time. He said he called gardaí immediately, went to Southdoc and made a statement the following day.

Mr Kleinen told the court that Mr Harrington arrived, sat down beside him and said: "I am going to punish you", adding:

If I fail there are others waiting to teach you a lesson.

Mr Kleinen said Mr Harrington pushed him and that he knocked his hand away and that Mr Harrington then went down the road towards the shed before ending up on the ground, groaning and saying he had been assaulted.

Investigating Garda Martin Hegarty said: "This has been going on for years."

Judge McNulty said there was conflicting evidence but ruled both assaults had been proven.

Neither man had any previous convictions. He said one man had been economical with the truth to the point of gross understatement, and the other had been more generous to the point of gross exaggeration.

He directed both men bound to the peace on a bond of €30,000 each, €5,000 in cash and on condition that they be of good behaviour to each other.

Mr Harrington must leave the fence unblocked and Mr Kleinen must ensure cattle can use the right-of-way. He deferred penalty on both assault convictions until April 25.

"This is not the M50 or a highway in Los Angeles," the Judge said. "This is a boreen in Tracalee, Kilcatherine in Eyeries in West Cork."