Scales of Justice

Scales of Justice

A man kicked his neighbour in the back and hit him over the head with a fencepost after a dispute over a right-of-way, Killarney District Court has heard.

Kevin O’Connor (33) of Cleady Cross, Gortaglass, Kenmare pleaded guilty to assault and production of a firearm capable of injury, identified as ‘an agricultural implement’.

The court heard that just before 6pm on July 18, 2024, a dispute arose at Tahilla, Kenmare over a right-of-access through a property that Mr O’Connor could access.

“There wasn’t really an issue until there was,” said Sergeant Stephen O’Brien.

The court heard he kicked his neighbour in the back, “dragged him along a laneway” and “hit him with a fencepost” that happened to be nearby.

“It shouldn’t have gone as far as it did,” said the sergeant.

Solicitor for the defence*, Pádraig O’Connell, noted his client had accepted full responsibility and had no previous convictions.

“There’s been issues and dispute about the victim impact,” he told the judge. “I’m not happy with a lot of it but I think you’ll see through it.”

He noted there were allegations both neighbours had used cameras.

“It’s a novel situation when neighbours are in court, and highly regrettable,” said the solicitor.

His client had dealt with the dispute in “an unacceptable way”, he said. He added, “He will never be found here again.”

Judge David Waters fined Mr O’Connor €500 each for the two charges.

“This man decided to take the law into his own hands and use a weapon,” said Judge David Waters. “I suspect he’s sorry it happened because he’s found himself in the position that he’s in.”

Funded by the Courts Reporting Scheme