Kerry landlord and son claim they could not be guilty of trespass at Cork house

Defence alleged students staying in the house in Cork that summer were 'milking the situation and freeloading' and asked court to dismiss charges against both accused

Daniel Lynch (left) and his adult son Donal deny charges of assault, theft and trespass. File picture: Larry Cummins

A Kerry landlord and his son could not be guilty of trespassing at a property they owned in Cork where there was evidence that when they entered the house the people present were squatting, it was claimed in a legal submission.

The landlord and his son face charges, including trespassing at the house. Their solicitor Joseph Cuddigan made a lengthy legal submission to Judge Marian O’Leary urging her to dismiss all charges against Daniel and Donal Lynch in the case at Cork District Court. Arguments were made on both legal and evidential grounds.

Inspector Dave Noonan said he would need time to reply to those submissions. The case was further adjourned until December 19 for this reply from the prosecution. 

If Judge O’Leary agrees with the defence submissions, then the charges would be dismissed and the case would be at an end. However, if some or all of the charges are not dismissed, it will then be a matter for the defence to decide if they want to give evidence.

The defence alleged students staying in the house in Cork that summer were “milking the situation and freeloading” but the evidence from the students was that they were willing to pay the rent. 

One of them claimed he was pulled out of bed by his ankles while wearing nothing but his jocks and put out by the landlord and his son. 

The counter-allegation was that the young man kicked 62-year-old Daniel Lynch with both feet into the chest and only then was he physically removed from the house.

Charges denied

Daniel Lynch, 62, from Moanmore, Castleisland, Co Kerry, and his son, 32-year-old Donal Lynch of the same address, deny all charges.

They both deny three charges: assaulting George Pendle; attempting to commit theft, namely Mr Pendle’s phone; and trespassing with intent to commit theft at the property. Daniel Lynch denies the additional charge of assaulting Olivia Lehane by allegedly putting his hand on her arm during the disputed incident.

Mr Cuddigan said all charges should be dismissed “taking all the evidence as a totality and factoring in the manner of disclosure of evidence to the defence which was highly unsatisfactory”.

The solicitor submitted the letting agent informed the landlord people had been living in the house for the summer without paying rent and that they were either gone or had their bags packed to go. He said Daniel and Donal Lynch went to the house that morning not expecting to find anyone there.

“The fact that there are people in that house does not mean they are entitled to be there. If they [students] are not entitled to be there then the Lynches cannot be regarded as trespassers,” the solicitor said. 

He reminded the judge the letting agent agreed under cross-examination with the description of the people staying at the house as "squatters".

Regarding the alleged assault on George Pendle, Mr Cuddigan said the name that appeared on an application for a summons on that charge referred incorrectly to the surname Pender. The solicitor said this had implications for the particular charge related to assaulting this young man and that it should also be dismissed.

He said the alleged offence of attempted theft was not properly before the court and should be dismissed. He said the charge against Daniel Lynch of assaulting Ms Lehane should be dismissed on the evidence.

The landlord and his son denied charges against them in relation to disputed events at 8am on August 11, 2022, when they went to the property Daniel Lynch owned at Nursery View, Glasheen Road, Cork. Donal Lynch told gardaí he only intervened to defend his father.