Sunday 23 July 2017

Truce called over Healy-Rae land dispute with neighbour

Anne Lucey

A COUNCILLOR involved in a dispute over a right of way appeared in court in a neck brace yesterday to oppose his neighbour's claim.

Danny Healy-Rae arrived at Tralee Circuit Court, walking alongside his wife Eileen and their children.

An alleged dispute over the right of way at Fussa, Kilgarvan, led to Mr Healy-Rae and Con Traynor, of Ards, Kilgarvan, being hospitalised last weekend. Both men are still under medical supervision after their treatment.

Yesterday, the court was told by Mr Healy-Rae's barrister that the dispute over the right of way was "not all one-way traffic".

He added that the attempted erection of a gate by Mr Healy-Rae last Saturday was in response to a gateway being erected by a neighbouring landowner, Patrick Kieran Traynor, of Riverside Farm, Kilgarvan.

Con Traynor and his brother, Patrick Kieran, sought an interim injunction yesterday, restraining Danny Healy-Rae from obstructing them in using a right of way from the public road to their lands and from assaulting them while exercising their right of way.

They were given permission earlier this week to seek the interim injunction.

However, the application did not go ahead.

Both parties had reached "an interim agreement pending a full hearing", counsel told Judge Carroll Moran.

This followed a day of negotiations on the issue between the sides.

"Pending the hearing of the action, we have entered an agreement that the status quo can be maintained," counsel for Mr Healy-Rae, Henry Downing, told the court.

Injunction

It is understood that the gate will be opened as part of the interim agreement.

Mr Downing said "assertions" that had been made against his client and which had received a lot of press coverage would be fully disputed.

"The position of my client is that we dispute the right of way and if there ever was a right of way, it is long since abandoned," Mr Downing said. "This did not come out of the blue. A gateway was put up by my client in response to a gateway put up by the Traynors the previous Thursday.

"This is not all one-way traffic," Mr Downing added.

Brian McInerney, counsel for Mr Traynor, said that it would become clear in the fullness of time "where right rests".

Other matters would also be raised during a full hearing, Mr McInerney added.

Judge Moran said he noted an interim agreement pending a hearing.

Patrick Kieran Traynor was accompanied by his brother-in-law, former Kerry IFA chairman Flor McCarthy.

Other well-known figures in court yesterday included the former Kerry footballer and solicitor Eoin Brosnan, who represents Mr Healy-Rae.

Ger O'Keeffe, part of the senior Kerry football management team, is an engineer on the Traynor side.

Maps from 1897 were being consulted yesterday.

Irish Independent

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