AN ORDER to send a farmer to prison was made by the High Court yesterday in a dispute over trespass.
Mr Patrick Delaney of Feereigh, Donaghmore, Portlaoise, Co Laois, refused to give an undertaking to the President of the High Court, Mr Justice Costello, that he would stop trespassing on and interfering with lands at Akip, Co Laois.
Mr Justice Costello made an order for the committal of Mr Delaney to prison tomorrow.
The man's brother, Mr William Delaney, however, gave an under taking that he would not trespass on or interfere with the 75 acres owned by Mr Walter Murphy, a farmer, of Kirkpatrick Drive, Castleknock, Co Dublin.
In an affidavit Mr Murphy said he agreed in March 1995 to purchase the land from Barclays Bank, which had gained possession of it on foot of a High Court order in October 1994.
Mr Murphy claimed that despite undertakings given by the two men in the High Court in October 1995, the brothers had continued to trespass on the land and were interfering with it by grazing cattle and planting crops on it.
When Mr Patrick Delaney was asked to give a sworn undertaking in court, he said he could not.
The President warned Mr William Delaney that he would be sent to prison if he broke the undertaking.
On Monday, February 17th last Mr Justice Costello said he had no alternative but to make an order for the committal to prison of the two men who, he said, were in flagrant breach of both a High Court order and previous sworn undertakings.
The judge, however, put a stay on the order for 10 days and adjourned the hearing of the action until yesterday.