Trespass charge against Kerry man (54) is dismissed

Judge Philip O’Leary has dismissed a charge against a 54-year-old man, accused of trespassing on a man’s land in Duagh in a manner that causes or is likely to cause fear to another person.

Maurice O’Donoghue of Sliabh Cahil, Listowel, appeared before Tralee District Court last Friday, charged with Section 13 trespassing at the land of Patrick O’Donoghue in Knockalougha, Duagh.

Garda evidence to the court said they received a report from Patrick O’Donoghue on February 24 last year, outlining that a male had entered his property without permission. The man, Maurice O’Donoghue, was recording on his phone during the incident. Patrick O’Donoghue himself recorded Maurice O’Donoghue’s actions, and this video was provided to Gardaí.

Maurice O’Donoghue declined to give a voluntary caution statement when invited to do so by Gardaí.

The court heard that the men’s homes are approximately five kilometres apart. There are ongoing issues between the parties, and Maurice O’Donoghue believes he has a right of way through Patrick O’Donoghue’s land.

Maurice O’Donoghue’s solicitor, Brendan Ahern, pointed out that, aside from recording, his client did nothing that could, objectively, put Maurice O’Donoghue in fear. He said his client made no threats or physical gestures.

Patrick O’Donoghue said he was in fear when he saw Maurice O’Donoghue on the day, and he recorded the incident in case anything happened. He accepted that Maurice O’Donoghue did not say anything or make any gestures over the course of the incident.

Mr Ahern said the criteria for Section 13 trespassing had not been met, and Judge O’Leary agreed to dismiss the matter.

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