Mother and son given three months to fix criminal damage to lands in Cork they didn’t own

The court heard the contractor hired to do the work was entirely unaware of the circumstances and believed the Hollands owned the land

At Clonakilty District Court (pictured), Judge James McNulty was told Mrs Holland had argued that her sister had sold her share of the property a number of years ago, in a situation described by her own barrister as “going back a number of decades”. Photo: Dan Linehan

A mother and son who paid a contractor to unknowingly cause almost €16,000 in criminal damage to lands they didn’t own have been given three months to repair the site.

James Holland, aged 35, and his mother Sarah, aged 68, both of Rathrout, Ballinadee, Co. Cork, had hired the contractor to conduct works at the lands at Templebryan South near Clonakilty in 2020, despite it being owned by Pike Construction.

At Clonakilty District Court, Judge James McNulty was told Mrs Holland had argued that her sister had sold her share of the property a number of years ago, in a situation described by her own barrister as “going back a number of decades”.

Both Mrs Holland and her son had initially indicated they would be contesting the matter but in advance of Monday's court hearing, they said they would plead guilty to one charge each of criminal damage at the lands.

Large-scale works

Detective Garda James Keane of Clonakilty Garda Station said Pike Construction, owned by Paddy and Mary O’Regan, had purchased the land at Templebryan from Mrs Holland’s sister in March 2005.

The judge heard an incident in March 2017 prompted solicitors for Pike Construction to write eight letters to Mrs Holland across 2017 and 2018, with Mrs Holland sending six letters in return. In April 2019, Pike Construction sought planning permission for the lands but following another incident in April 2019, gardaí were called.

Det. Garda Keane said at that time gardaí had contacted the Hollands and informed them they had received a report of an incident and advised them not to interfere with the lands.

However, when Paddy O’Regan attended at the lands on May 15, 2020, he found large-scale works had been undertaken there. This includes the removal of a boundary ditch, the uprooting of trees, the digging of a long trench some five feet deep, and the filling in of three holes that had been dug for percolation testing.

The cost of the damage came to €15,993.28. Gardaí investigated and later spoke to Mrs Holland and her son. Both attended Clonakilty Garda Station on October 25, 2020, when they accepted they had caused the damage.

The court heard the contractor hired by Mr Holland to do the work was entirely unaware of the circumstances and believed the Hollands owned the land. Neither Mrs Holland or her son had any previous convictions.

Familial difficulties

Alan O’Dwyer, defending, said both Mr Holland and his mother were embarrassed and ashamed at what had occurred.

Mr O’Dwyer said Pike Construction were blameless and the incident had arisen out of familial difficulties that had continued for a number of years.

He said Mr Holland was the main player in hiring the contractor and was intent of making things right, and that he had brought €6,000 to court to show his bona fides in that regard.

The court heard the plan now was that full remedial works would be undertaken at the site, to be arranged and paid for my Mr Holland, and the works would be signed off by an engineer.

“He acted out of frustration and anger regarding a situation that was out of his control,” Mr O’Dwyer said of Mr Holland.

Mr O’Dwyer told the judge both his clients were apologising for what had happened and were remorseful. The court heard all members of the Holland family worked on their beef farm and wanted to make amends.

Judge McNulty viewed pictures of the works carried out at the lands on the instruction of James Holland and describes them as “very significant”. “There is an awful lot of making good to be done,” the judge said.

He suggested that it be completed within the next three months, saying it was complex or intricate or high rise and that the court took a serious view of what had occurred.

Judge McNulty said he accepted Mrs Holland’s guilty plea and also convicted James Holland and released both on continuing bail until June 7, when sentencing will be determined. The judge also suggested that Mr Holland bring a bank draft of €2,000 to court on that date.