Judge asks those in dispute over boundary to stop worrying about walls and build some bridges
A judge told a court today that a land boundary case between two brothers in law and businessmen “is one of these Wanderly Wagon cases”.
At Gort District Court today, Judge Patrick Durcan made his comment as a planned visit to the site today had to be adjourned for two months due to Covid 19 restrictions on the operation of the courts.
Wanderly Wagon was a renowned children’s series broadcast on RTE between 1967 and 1982 that followed human and puppet characters as they travelled around Ireland and some of its best known character included Rory, O’Brien, Judge - who was a dog, Fortycoats and Mr Crow.
The upstairs courtroom was empty today apart from Judge Durcan, his registrar, four solicitors and Sgt Daithi Cronin as all defendants and witnesses were told not to attend and all cases were adjourned.
Asked by Sgt Cronin should defendants be asked to attend at the next court at the end of May, Judge Durcan said that they should be.
Judge Durcan said: “Yes, a bit of common sense has to prevail and reality has to start coming home.”
Judge Durcan stated that defendants could wait for their cases “in the fine square out there. If it is a wet day, they can bring their umbrella”.
Judge Durcan was due to visit the boundary in the land dispute today after additional time was required for engineers for both sides to agree on a boundary.
Judge Durcan ruled on a dispute concerning a wall in an unrelated Gort case last year where he also made a site visit and he previously told the court concerning the boundary case currently before him:
“There is a problem in this area – there is too much concentration on walls and too little appreciation of bridges."
He stated: “There is a need for bridges in this case.”
Judge Durcan previously told brothers in law and neighbours John Grealish and Damien O’Neill to resolve the boundary dispute in order to avoid “bile and bitterness” between them.
Judge Durcan told the two men “it is wake up time for both of you. Get on with life and don’t be wasting your money with this kind of carry on.”
The judge further told the two “your relationships are suffering because of this and if somebody dies and someone gets married and you are wondering if you should go and do the right thing”.
He said: “I am imploring you to sort this out. It is very important that neighbours can live in peace and ease of each other. Otherwise a substantial amount of money will be spent on this.”
In the case, John Grealish (50) and his son, Jason (29) both of Hawk Hill, Gort are facing a charge of common assault on Mr O’Neill at Hawk Hill Gort on February 23rd 2019.
The two Grealishs - who operate a family fuel business at the address - are contesting the charge and solicitor for Jason Grealish, Olivia Lynch previously told the court that her client was trying to act as peace maker on the day.
Judge Durcan warned John Grealish and Damien O’Neill that they will end up going to their bank manager for a new mortgage to finance all the legal and professional costs if a civil case around the boundary ever goes to the circuit court.
Judge Durcan told them that “engineers charge by the hour” and “barristers by the inch”.
