A FARMER will today begin his fifth week in prison after refusing to vacate the farm of two elderly brothers who died without leaving a will for their 40-acre holding.
Daniel Doherty (40) of Rathcahill, Templeglantine, Co Limerick, was brought before a special sitting of Limerick Circuit Court yesterday to see if he was willing to purge his contempt of a court order directing him to leave the lands owned by the late Edward and Mattie Roche.
Mr Doherty claims the bachelor brothers promised him the land and that he was entitled to stay on the farm having completed work for the men over the years such as milking cows and saving hay.
Eamon Roche, a nephew of the brothers, was appointed administrator of behalf of the beneficiaries of the estate who are also relatives of the deceased men.
The property has been at the centre of a seven-year legal dispute and following court proceedings against Mr Doherty he was ordered to leave the farm on March 4th, 2004.
An appeal against this judgment was thrown out by the High Court last November and five weeks ago Mr Doherty was sent to prison after he refused to obey the court order.
When he appeared before Judge Carroll Moran again Mr Doherty refused to purge his contempt, insisting he was not going to go against the brothers’ wishes.
“Mattie and Eddie Roche wanted me there in the first place. I’m not going to break Mattie and Eddie’s wishes,” he told the judge.
When the judge said these issues had been dealt with by the courts, the farmer accused him of going against the brothers’ wishes.
“You’re breaking Mattie and Eddie’s wishes . . . I’m not going on to your property or anybody else’s. Mattie and Eddie own that land,” he insisted.
Solicitor for the Roche family Michael O’Donnell told the judge that cattle belonging to Daniel Doherty have been removed from the land since his last court appearance.
On August 11th members of the Roche family, assisted by gardaí, removed 16 cows belonging to Mr Doherty from the Roche farm.
“A few found their way back, but they’re gone again,” Mr O’Donnell told the court. He said that the Roche family wanted to remove five scrap cars, a jeep, a tractor and a trailer belonging to Mr Doherty from their land.
“If Mr Doherty wants them moved to a specific place . . . otherwise they’ll be removed to the scrap heap,” he said.
The judge made an order for their removal, recommending that they be left near Mr Doherty’s property. Reaffirming the committal order to return the 40 year old to Limerick Prison, the judge told the farmer that he is available to sit at any time in court to release him from custody if he purges his contempt.