A NORTH Kerry farmer has been found not guilty of all five charges brought against him in a case involving a row with an adjoining farm family over access to a field near Listowel in Co Kerry.
Loud cheers went up in the public foyer of the courtroom when the jury gave its verdict after 45 minutes deliberation at the end of the three-day trial.
There were also muffled shouts in the body of the court and Judge Carroll Moran warned he did not want any reaction to the verdict.
The judge recommended a Garda superintendent or a parish priest or person in authority become involved “to ease tensions” between the parties and defence counsel John O’Sullivan told the judge the solicitor for the defence Helena O’Carroll would undertake to see to this.
John Leahy (40), Meen, Listowel, had pleaded not guilty to threatening to kill three members of the Carmody family, Patrick snr, Patrick jnr and John Carmody, also of Meen, Listowel.
He had also denied assault causing harm to Roger Carmody on the afternoon of October 2nd, 2007; and had pleaded not guilty to assaulting Jack Sullivan, at Meen, Listowel on the same date.
Roger Carmody told the court Mr Leahy had run at him and struck him “right down on top of the head” with a hammer.
He had been knocked out and had spent four days in hospital and had since suffered with depression, headaches, memory loss and was not sleeping well. Mr Carmody (37) of Athea, Co Limerick, said he was on his way into the field, along a right-of-way established by a case in the Four Courts in the 1950s, through John Leahy’s lands, with contractor Jack O’Sullivan when Mr Leahy approached them.
They were going to inspect a third cut of silage on the field known as the bank meadow and he had used this right of way since he was a child and went swimming in the river in the field, he said.
Mr Carmody claimed Mr Leahy wanted to frighten the Carmodys out of the field.
Mr Leahy said the right-of-way, one of two to the field, had been long abandoned and the crux of the dispute was jealousy because he had leased neighbouring land.
The Carmodys had knocked his ditches and had taunted him, he claimed.
History was repeating itself, he said and he was acting in self defence .
He had not intended to strike Roger Carmody on the head. What occurred was a glancing blow and Mr Carmody had exaggerated his injuries, Mr Leahy claimed.
The not guilty verdict yesterday on the third day of the trial at the Circuit Criminal Court in Tralee was unanimous on all counts.
Mr Leahy was accompanied by up to a dozen men as he left the precincts of the courthouse.
“Tis about the land,” one of the supporters shouted shaking his fist in the air as they left the courthouse with the Leahy party.