A judge has granted an interim civil restraining order to a Co Clare farming couple against a neighbouring landowner in a row sparked over the spreading of agricultural slurry almost two years ago.
The husband of the farming couple told Ennis District Court that his neighbour made a ‘slit your throat’ action towards him when the two passed each other on a local road.
The man – visibly upset in court – said: “We have done nothing to provoke this.”
The couple and their neighbour live about a half mile from each other and Judge Alec Gabbett ordered that the man not to go within 100 metres of the couple.
The man and his wife were availing of new legislation introduced last September which is aimed at protecting victims of harassment.
After reading the grounds for the interim civil restraining order, Judge Gabbett told the man: “What is the problem with your neighbour? He seems to be interfering with your property and interfering with you.”
The man explained that he had inherited the farm from his father and he is maybe third or fourth generation to farm the land “and we never really had any difficulties with neighbours as such”.
Judge Gabbett told the couple: “It took an awful for both of ye to be in here today.”
The man said: “There was an incident in September 2023 where we putting out agricultural slurry on lands and part of it was on lands across the road this man’s girlfriend’s house
“He seems to take issue with this.”
The man said that following this, the neighbour blocked the road and parked his jeep across it “and I couldn’t access the next field with the slurry tank which I had filled up again”.
The man told Judge Gabbett that he informed Gardai over the slit throat gesture and Gardai spoke to the man.
He alleged that his neighbour has also thrown rubbish onto his property.
He said that he was enduring “a life of threat”. He said: “It is like playing cat and mouse.”
He said that at a recent event at a nearby village in Co Clare, he was standing outside a pub when his neighbour came along and started using foul language towards him.
The man agreed when Judge Gabbett said that this was affecting his health.
Judge Gabbett said to him: “He is intimidating you. If you saw him driving along the road, your heart would be in your mouth.”
In response, the man said: “Absolutely.”
Judge Gabbett said that there is plenty there for an interim order to be made. He said: “There is reasonable cause for an order.”
The order was sought on an ex-parte basis with only one side present.
Judge Gabbett said: “It is a very good case for an interim order and we can see what will come out of it.”
Judge Gabbett adjourned the case to this Wednesday at Ennis District Court where the neighbour will be allowed to dispute the allegations made and contest the interim restraining order.
