Clare father and son waved pitchfork and calving jack at gardaí in 'scene from Wild West'
At Kilrush District Court, Judge Mary Larkin described the conduct of Denis Waters, 53, and his son, Brian Waters, 25, both with an address at Lacken, Kilmihil, as 'unbelievable'. File picture
A judge has compared a late-night chaotic farmyard scene where a father and son confronted gardaí with a pitchfork and a calving jack to something from the Wild West.
At Kilrush District Court, Judge Mary Larkin described the conduct of Denis Waters, 53, and his son, Brian Waters, 25, both with an address at Lacken, Kilmihil, as “unbelievable”.
Judge Larkin said: "If it was the Wild West you would say something but this is supposed to be a civilised country.”
Solicitor for Denis Waters Patrick Moylan said “chaos” unfolded after Brian Waters looked on at about 1.30am on October 26 last to see gardaí pursue his father, Denis, into the farmyard at Derreen, Tullycrine, near Kilrush.
Solicitor for Brian Waters John Casey said “out of nothing, all hell broke loose” in the farmyard as his client was helping a cow to calve at the time when Denis Waters and gardaí entered the yard.
Mr Moylan said Denis Waters had earlier driven to the local pub “to have a few drinks” on the night and he got a call to return home as Brian was having trouble with a cow calving.
Mr Moylan said the cow was in difficulty and he left the pub to get into the car to return home to help Brian with the cow.
He said Mr Waters had arranged to get a lift home from the pub before getting the call from Brian.
Sergeant Louis Moloney said Denis Waters had taken off at speed from the pub in Tullycrine in the direction of Kilrush.
Sgt Moloney said the Garda patrol car activated the blue lights and siren but Mr Waters failed to stop.
He said Mr Waters took a right turn to a farmhouse and gardaí wanted to arrest him on suspicion of drink-driving. Both cars arrived at the farmyard.
However, gardaí were prevented from arresting Denis Waters when he picked up the calving jack and started to swing it and it came close to Garda Gerard Summerly's head.
Sgt Moloney said Garda Summerly was pushed back by Brian Waters on numerous occasions. Brian Waters then went to a shed and picked up a pitchfork and told Garda Summerly: "I am going to give it to you."
While Brian Waters “was prodding the pitchfork forward Garda Summerly, he had no option but to deploy his OC [pepper] spray in a bid to protect himself”, Sgt Moloney told the court.
Denis Waters then made his escape into the fields behind the farmyard. The following morning, he presented himself to the local superintendent, the court heard.
Judge Larkin imposed a six-year driving ban on Denis Waters after he pleaded guilty to driving without insurance and a four-year driving ban for dangerous driving. He was also fined €800.
Judge Larkin said: “Denis Waters should not have been driving. He should not have been driving without insurance and probably not drink-driving.”
She adjourned sentencing of Brian Waters for the completion of a probation report to see if he was suitable for a community service order.
Brian Waters has pleaded guilty to producing a pitchfork during the course of a dispute and obstructing a garda during the course of his duties.
Judge Larkin also ordered that a probation report be carried out on Denis Waters concerning his obstruction offence and adjourned all remaining cases until October.
Mr Casey said Brian Waters worked as a mechanic but helped with the farm before and after work.
He said: “They have a suckler herd which is very much hands on and needs 24-hour attention at certain parts of the year. Brian reacted very badly to the situation."
He added that Brian Waters had no previous convictions while Sgt Moloney said Denis Waters had a conviction for drink-driving and driving without insurance.
Mr Moylan said Denis Waters was very upset at what he has put his son through.
He said when Denis Waters presented himself to the local superintendent, the superintendent agreed that what happened was totally out of character.
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