*Charges were dismissed.ย 

AN EAST Clare farmer has been cleared of trespassing on the lands of his ex-wifeโ€™s new boyfriend to commit an offence or to interfere with the manโ€™s cattle trough.

At Gort District Court, Judge Marian Oโ€™Leary dismissed the case against Padraig Oโ€™Brien (49) of Prospect House, Scariff, Co Clare due to a defective summons.

Mr Oโ€™Brien was contesting a charge that on October 25th 2022 at Loughinwadda, Peterswell, Co Galway that he was within the vicinity of the curtilage of the dwelling and farm yard of Sean Burke for the purpose of trespassing and giving rise to a reasonable inference that he was there to commit an offence or to unlawfully interfere with property.

Solicitor for Mr Oโ€™Brien, Jim Nash successfully argued that the cattle trough that Mr Oโ€™Brien was accused of interfering with was in a field on Mr Burkeโ€™s farm and not within the vicinity of the curtilage of the dwelling and farm yard.

Judge Oโ€™Leary agreed with Mr Nash and dismissed the charge against Mr Oโ€™Brien.

At a Garda interview in November 2022 after Mr Burke had made a formal statement about Mr Oโ€™Brien allegedly trespassing on his lands, Mr Oโ€™Brien alleged that he โ€œdiscovered that his wife was having an affair with Sean Burke of Peterswellโ€ in April of that year.

Mr Oโ€™Brien told the garda that โ€œthe whole ordeal was a nightmareโ€. He said that his ex-wife โ€œtried to say that I tried to poison horses up in Peterswellโ€.

In evidence, Garda Dara Melia told the court that Sean Burke is now in a relationship with Mr Oโ€™Brienโ€™s ex-partner โ€œand that is what he believes is the reason for Padraig Oโ€™Brienโ€™s attitude towards himโ€.

Asked did he know Mr Oโ€™Brien, Mr Burke replied, โ€œNot particularly. I work with his ex-wifeโ€.

From the witness box, he said, โ€œWe are now in a relationship and he blames me for the demise of his marriage.โ€

Mr Burke agreed with Insp Eleanor Oโ€™Halloran that โ€œtensions were highโ€ with Mr Oโ€™Brien in October 2022.

Mr Burke said that Mr Oโ€™Brien โ€œsent me an extremely abusive messageโ€ in August 2022. The content of the text message was not read out in court.

Mr Burke said that on October 25th 2022, an eye witness Patrick Oโ€™Neill described the person at his water trough โ€œand I immediately knew who it wasโ€.

In evidence, Mr O’Neill said that it looked like Mr Oโ€™Brien โ€œwas interfering with the tank – it didnโ€™t look right. It didn’t really make senseโ€.

Mr O’Brien told Gardaรญ that he did enter the lands to take water from the trough for his overheating car. Mr Burke said, โ€œI returned to the lands and thankfully cattle had not gone anywhere near that trough.”

He said, โ€œI removed cattle from the field and I havenโ€™t let cattle into that field sinceโ€.

Mr Burke said that he removed a couple of bottles of water from the trough โ€œin the hope that it would be sampled but because it was animals concerned and not people, the Gardaรญ donโ€™t provide a facility to test the waterโ€.

He said, โ€œI contacted a couple of labs to see and they needed an indication as to what may be in the water to allow them to search in a certain direction – otherwise it would run to thousands to try to find out what it wasโ€.

Mr Burke said that around six months later he decommissioned the water trough and found an acid battery at the bottom of the trough.

Mr Burke said that he longer uses the field for stock. โ€œI have enough acres,โ€ he said.

Asked by Insp Oโ€™Halloran would a battery cause issues for his livestock, Mr Burke said, โ€œI would imagine so, it would contain lead and acidโ€.

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