Conditional discharge for tree-chopping grandmother after criminal damage conviction

Sioned Jones is to keep the peace and be of good behaviour for two years. File photo: Cork Courts

A grandmother found guilty of causing criminal damage on the land of her recently-deceased neighbour has escaped a jail sentence.

Sioned Jones, a 62-year-old from Maughnaclea, Kealkill near Bantry in West Cork, had pleaded not guilty last November to the charges before Bantry District Court of causing criminal damage on land at Cappabue, Maughnaclea, on March 28, 2020, instead saying she was simply replacing one dead tree she had previously planted on the lands and that she was also planting a memorial tree for the landowner, Johnny Kelleher, who had died just a month earlier.

However, the trial in Bantry had heard, in the words of Judge James McNulty, "almost like a voice from the grave" a previous statement to gardaí by Johnny Kelleher, now deceased, saying that he had never given Ms Jones permission to carry out any activity on his lands — contrary to what Ms Jones told the court.

The hearing last November had also heard from Johnny Kelleher's brother, Tim Kelleher, that Ms Jones had never received any permission to interfere with trees.

Accusation of intimidation

"Basically he was tortured by Sioned Jones," Tim Kelleher had told the court. "He was intimidated by her a number of times.

"He didn't bother going in there anymore," he said of the area in question.

Ms Jones had denied the charge. When asked if she had permission on March 28, 2020, she said to gardaí at the time: "No, but that doesn't mean that I didn't have permission."

She said she had received verbal permission five years before.

In court she said she had cleared briars in the area, which was why it looked disturbed. 

She had also said she had dug up one single tree that was dead so as to replace it, and that she was doing this with permission.

"Johnny had just died and we were all upset," she had told Judge James McNulty.

I wanted to plant a memorial tree on that land. Later on I planted a memorial tree for Johnny.

Tim Kelleher had told the judge that he saw tree stumps in the area: "On that day there was definitely two to three trees cut out and there were others then replaced."

Under cross-examination by Ms Jones's solicitor, Luke O'Donovan, Mr Kelleher said he had never seen her cutting a tree.

Insp Emmet Daly had also entered into evidence a statement that had been given to gardaí by Johnny Kelleher relating to the previous incident but which — on account of a later guilty plea by Ms Jones in that case — had not been aired in court.

In it he had said: "I gave no personal permission for anyone to come and cut trees at any time."

When the case returned before Judge McNulty on Thursday for sentencing he dealt with the matter by way of conditional discharge for two years on Ms Jones's own bond of €100. She is to keep the peace and be of good behaviour for two years.

As for the potential triggering of a previous suspended sentence that had hung over Ms Jones relating to a previous conviction, the judge said it would be a matter for gardaí as to whether they sought to have it re-entered.