Donegal man (71) free after three weeks in prison

A Donegal pensioner who had spent three weeks in Castlerea prison for failing to comply with a court order was set free yesterday…

A Donegal pensioner who had spent three weeks in Castlerea prison for failing to comply with a court order was set free yesterday.

Joe Rodgers (71), Annagry, west Donegal, failed to comply with a court order made in March this year allowing another landowner, Sarah Sharkey, access through his land.

Mr Rodgers, who has spent 19 days in Castlerea, claims there is no right of way through his property while Ms Sharkey says that her family has had access to the property for generations.

At Donegal Circuit Court yesterday, Judge Miriam Reynolds set Mr Rodgers free after he agreed to comply with the court order.

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He apologised to the court for not initially complying.

Judge Reynolds said she was glad to hear that Mr Rodgers finally understood the situation as it was and said if he was prepared to purge his contempt, then that was the end of it.

"It's very unfortunate for a man of his age to be put in custody, it was a last resort and the judge had to put him to prison," she said.

Judge Reynolds said she hoped that Ms Sharkey would now be in a position to gain access to her land.

Ms Sharkey's lawyer spoke of a blockade at the access to her land last week preventing equipment being moved on to the site and said he wanted it made clear that there would be no further obstructions to site.

Judge Reynolds said that anyone obstructing access to Ms Sharkey's land must comply with the order.

Following his release, Mr Rodgers said he was looking forward to returning to his own bed, adding that the first night in Castlerea was difficult.

"It's over now and to be honest I wouldn't have missed it," he said. "It was an education."

Mr Rodgers said he had no regrets, adding that the case attracted a lot of exposure over the land issues.

"I was angry, I'm still angry . . . now the case is over I'll have to do the best I can," he said.

His wife, Nora, who was in court with her family, said she was delighted to have him back home. "It was the hardest three weeks of my life," she said.

Ms Sharkey said she hoped she could now proceed to build her house and she expected to be in it by Christmas 2008.

"I hope this court decision today means my house will now go ahead. It is very close to my heart and I'd hope to be in the house by Christmas next year," she said.

Ms Sharkey said she was confident that she could get on with her neighbours, adding that she hoped this was the end of it.