THE FORCED sale of the land of an elderly farmer in Co Limerick who owed almost €700,000 after a personal injuries claim against him would be seen as “Cromwellian”, the High Court was told yesterday.
Eddie Scanlon, chairman of the Limerick branch of the Irish Farmers’ Association, who spoke in support of Mossie Clery (72), said no farmer in his right mind would buy the farm if the court forced its sale.
A personal injuries claim against Mr Clery, (72) from Ballynamolooch, Killmallock Co Limerick, was filed by his former neighbour Dave O’Connor after he had an accident on his farm almost 20 years ago.
Mr O’Connor was awarded €249,000 in 1993 and when it was not paid, a judgment mortgage was secured on Mr Clery’s property. Mr Clery did pay €140,000 to Mr O’Connor when he sold his mother’s farm, but he also served 19 months in prison for failing to hand over property deeds.
The balance of the award remained outstanding and with legal costs and interest, it accumulated to almost €700,000.
Following a hearing last June, Mr O’Clery was to have produced €100,000 as a partial payment, but only managed to bring €30,000, after fundraising.
Counsel for Mr O’Connor, Dermot Cahill told the court they were not pursuing Mr Clery for €700,000 but were “proceeding with a figure of €400,000”. Mr Clery’s 70-acre farm, excluding the house and some land around it, had been valued at €400,000, the court heard.
A tearful Mr Clery, who was not legally represented but whose supporters were present, told Ms Justice Mary Finlay Geoghegan they had done their best to gather the money. He asked for more time to collect the rest. He claimed he did not get a “fair trial” when the personal injuries hearing was held.
The judge said she had given him a fair hearing for the last two years. She did not underestimate Mr Clery’s “undoubted attachment” to his land, but had to balance his need for a home with the rights of Mr O’Connor, who was present in court in a wheelchair.
After an invitation to speak from the judge, Mr Scanlon said Mr Clery had worked the land all his life. If the court forced its sale it would be seen as a “Cromwellian implantation”. He asked for more time to raise the money.
John Walsh, a friend of Mr Clery’s who had helped co-ordinate the fundraiser, told the judge 890 people had contributed money. But they had run into problems when one of the fundraisers died and another broke his leg. He also asked for more time.
Mr Cahill said Mr Scanlon’s “Cromwellian” language did not help and the judge agreed. She could not order the parties to seek independent mediation, but she asked them to think about it.
After a short break, both parties agreed to go into mediation.
Ms Justice Finlay Geoghegan adjourned the case for two weeks to allow them find a mediator. She also stipulated that €25,000 of the funds raised so far should be paid to solicitors for Mr O’Connor and the balance, €5,000, should be paid separately to the solicitor for the mediator.
Speaking after the case, Liam Moloney, said his cousin Mr O’Connor had suffered a severe skull injury and fragments of bone entered his brain and caused paralysis of the left side of his body. He used a wheelchair and a walking frame and required constant care from his wife, Noreen, and family, “even for the most basic human needs”. The couple had no choice but to sell the farm they loved so much, Mr Moloney said.
“How come the IFA are so concerned about the plight of one farmer and have no consideration at all for the other who was also a member of the organisation and lost most in all this?” he asked.
