Tractor 'driven into' jeep in row over silage bales on Limerick farm
TWO pensioners were before the courts after a long-running dispute over bales of silage resulted in a tractor with loading prongs being driven into a jeep with a passenger inside.
Harry Williams, aged 70, of Clooncaura, Kildimo pleaded not guilty, at Kilmallock Court on Tuesday, to criminal damage at his address on September 10, 2021.
Pat Cahill, aged 69, of Callow House, Callow, Askeaton denied two charges - trespassing and demanding money with menaces - on the same date.
Solicitor Michael O’Donnell, who represented Mr Cahill, said the foundation of the issue was the sale of 60 bales of silage dating back to 2017. The two men had differing views over a financial deal regarding the bales of silage.
Judge Patricia Harney described the dispute over money as "horse trading".
The investigating garda, Des Buckley, confirmed to the court that gardai had been called on a number of previous occasions to Mr Williams’ home as Mr Cahill had come requesting payment.
The first witness was Mr Williams, who was represented by solicitor Darach McCarthy.
Mr Williams said he and his wife Kate were "doing a bit of hedge cutting in a tractor" on the date in question.
"I saw a jeep drive onto the lawn. There were two people walking around. One person was inside in the house. When I got closer I saw one was Pat Cahill. He was standing beside the jeep," said Mr Williams, who told him to move the jeep off his lawn or he would move it himself.
"He folded his arms and smirked at me. I shunted the back of the jeep with the front loader of my tractor. I gave it a second shunt," said Mr Williams.
The defendant said the young man with Mr Cahill failed to start a chainsaw but Mr Cahill succeeded in doing so and climbed up with the chainsaw to the tractor cab where Mr Williams was.
"I hit him in the finger with a vice grips. I thought I was going to be damaged. He dropped the chainsaw. He opened the door again and threw a watering can over us in the tractor, I started to reverse the tractor away. They were going mad - dancing all over the place. We waited for the guards,” said Mr Williams.
He outlined a number of previous instances where the guards had to be called and ask Mr Cahill to leave.
Mr Williams confirmed to solicitor Darach McCarthy that Mr Cahill had "put him in fear" and he had put his house up for sale as a result.
"I am not happy there anymore. I spent 30 years building it up," said Mr Williams.
Answering questions from Michael O’Donnell, solicitor for Mr Cahill, Mr Williams denied he knew there was anybody in the jeep when he "shunted it".
The next witness was Kate Williams whose evidence aligned with that of her husband. The court heard that on another occasion she was "absolutely terrified" coming home from work as she was "afraid of Pat Cahill attacking me to make Harry pay through me".
Mr McCarthy asked about a number of postcards Ms Williams collected from the local post office where the couple collect their post. One read: "I’m going to put signs on the road saying you don’t pay your debts." In his evidence, Mr Cahill admitted sending the postcards.
The court heard that Mr Cahill claimed that on the day of the incident with the jeep he drove beside the lawn which Mr McCarthy said was different to his statement.
"I put two wheels on the lawn," said Mr Cahill.
"You’re lying then," said Mr McCarthy. "I’m not," said Mr Cahill.
He said he went into the house to find Mr Williams and came back out.
"I saw the tractor. I never opened my mouth. He drove straight at the jeep, lifted it and drove it down the lawn. He wanted to push it over an incline but it got caught on the root of an apple tree. He closed the grab (tractor loader) on the roof (of the jeep) - that’s what wrote it off," said Mr Cahill.
He said he opened the door of the tractor cab door to try and turn off the engine.
"He (Mr Williams) hit me with a vice grips. He had a chainsaw between his legs and started pulling the cord. (The young man) saw what was happening and pulled the chainsaw out. I threw the can of water over them. Some went on his wife too - I couldn’t help that,” said Mr Cahill.
"If I knew what was going to happen I would have forgotten about my money," he added.
Mr Cahill told the court he lost €3,000 due to the jeep being written off.
The young man gave evidence that corroborated with Mr Cahill's evidence. A video he took of the tractor "shunting" the jeep was shown in court. He said he jumped out after the initial "shunt".
At the conclusion of questions from Mr O’Donnell and Mr McCarthy, Inspector Gearoid Thompson said that was the State’s case.
Judge Harney said she had listened very carefully to all the evidence in the case which lasted for over two and a half hours. She said there was a "thorny issue between the parties".
Judge Harney dismissed the 'demanding money with menaces' charge against Mr Cahill.
"I am not satisfied it was proven beyond a reasonable doubt. I am not satisfied it was anything more than looking for a debt to be paid," said Judge Harney.
The trespass charge against Mr Cahill was also dismissed. Judge Harney said Mr Cahill might not have been invited but she was not satisfied it reached the criminal threshold.
The judge did find Mr Williams guilty of criminal damage due to the evidence "he gave himself and the video".
In mitigation, Mr McCarthy said his client is a man in his 70s with no previous convictions.
Judge Harney said he is "very fortunate he was not charged with a more serious offence given the number of prongs on the tractor".
"I suggest strongly your client pays compensation in relation to the jeep. Everything else is beyond my remit. If there was an all encompassing settlement it would find favour with me,” said Judge Harney, who adjourned the case until January.