*The sitting took place in The Family Law Court.
A MAN has told a court that finding out about his late brother’s funeral arrangements on his local radio station’s obituaries ‘put the hat on it altogether’.
At the Family Law Court in Ennis, the Clare man was opposing a Domestic Violence Safety Order application by his elderly mother and denied he had words with her over the family plan to bury his late brother in the grave plot already occupied by his late father.
The man’s brother who operated the family farm died intestate and the court heard that the ownership of the farm and the farmhouse reverted to the mother on his death.
Judge Alec Gabbett said, “That is all in play here – that is the issue”. The mother told the court as part of her Safety Order application that she is “very frightened” of her adult son.
Solicitor, Ronan Connolly for the man opposing the Safety Order application asked the man is his mother’s sudden perceived fear of him due to him being the only son left and there is a farm and he is now being pushed out?
The man replied, “I certainly feel that”.
Mr Connolly said that there is no basis whatsoever for the Safety Order application. He said, “It is an extraordinary application”.
Judge Gabbett said that “there does seem to me that there is something afoot here to keep this man at bay”.
The son said that he received a solicitor’s ‘cease and desist’ on behalf of his mother in September which was hand-delivered by a sibling.
The man said that he used to call to his mother four or five times a week for a cup of tea and a chat in the evening.
The letter requested the man not to attend his mother’s farmhouse in future.
The man agreed with Mr Connolly that there was a sea-change in the attitude towards him from other family members following the death of his younger brother.
The also replied ‘yes’ when asked by Mr Connolly was there a colluded attempt to exclude him and that it went beyond his mother.
The man said that he was surprised that his brother was going to be buried with his father and he said that he has never shown any aggression towards his mother.
He said that some of the answers he got to fairly legitimate questions about where his brother was going to be buried “were provocative and aggressive” from one of his siblings.
He said, “To put the hat on it altogether, I found out about the arrangements for my brother’s funeral on local radio on the obituaries – that was the level of communication that went on at that time”.
The man said that he asked his mother about the burial arrangements around one week after the burial.
He said, “I did not shout at her and I did not put her in fear. I have more respect for her than that”.
The man said, “I have no animosity towards my mother high up nor low down and never will”.
Judge Gabbett said that the woman’s evidence isn’t sufficient for a Safety Order but said that the court would be open to the son given a sworn undertaking not to go near his mother or the farmhouse.
Judge Gabbett told the son “don’t talk about anything to do with the farm” and to stay away from the farmhouse. Judge Gabbett told the mother, “You are safe because the undertaking has been given and your son has promised the court you he won’t put you in fear”.
