GERARD CHARLTON'S counsel Eoghan Fitzsimons SC told the High Court yesterday that the events which led to the land dispute began in February 2006 when RTÉ broadcaster Pat Kenny and Mr Charlton had a discussion about a bulge in the wall between Gorse Hill and the Kenny property.
Mr Charlton offered to get his gardener to examine it and to pay half of whatever the cost of repair might be.
Mr Kenny had previously installed an electronic pedestrian gate to control access to Gorse Hill and Mr Charlton asked for the code but was never given it. Mr Charlton's apprehensions began to grow, Mr Fitzsimons said.
About this time, another property adjoining Gorse Hill was due to go on the market and Mr Kenny had expressed concerns to Mr Charlton that it might be bought by a developer.
"Mr Kenny indicated he did not want any further development in our enclave," Mr Fitzsimons said.
Three weeks later, in July 2006, Mr Charlton wrote a letter asking again for the Gorse Hill gate code number.
He intended to leave the handwritten letter at the Kennys if they were not in but when he arrived they were there and a discussion took place in which Mr Kenny asked what was Mr Charlton's "agenda" in relation to Gorse Hill, Mr Fitzsimons said.
Mr Charlton, accompanied by his son-in-law Corry McMahon, handed the letter to Mr Kenny and then decided to leave the Kenny home. Outside, they continued talking and Mr Charlton made his way towards the steps up to Gorse Hill at which point, the court would be told, Mr Kenny reacted and jostled Mr Charlton.
The court would hear that Mr Kenny ran up the steps to bar Mr Charlton "with his fists raised" telling him he was not going in, that Mr Charlton said he had a right to go in and Mr Kenny said: "I have never seen the title deeds."
Mr Fitzsimons said Mr Charlton and Mr McMahon got through the gate anyway.
The court would hear that Mrs Kenny bolted the gate and Mr Kenny said he was calling the Garda.
There would also be a claim that Mr Charlton closed the gate on Mr Kenny's hand.
It was during this confrontation that certain "outrageous comments" were made by Mr Kenny, Mr Fitzsimons said. These would be outlined in evidence.
Mr Kenny had then opened the gate to let the two men out and the conversation returned to the bulge in the wall.
There followed a number of letters between lawyers for both sides in which claims were made about a number of matters, including distress to the Kennys' two daughters from this incident.
It was not until August 2006 that the claim of squatters' rights was made, Mr Fitzsimons said.
The hearing continues today.