Sign of the times: Judge asks sheep farmer to erect safety signage

An 85-year-old sheep farmer from the Beara Peninsula has been asked to consider paying for up to four large public safety warning signs after her sheep were found wandering on the public road in contravention of a law dating back to 1851.

Sign of the times: Judge asks sheep farmer to erect safety signage

An 85-year-old sheep farmer from the Beara Peninsula has been asked to consider paying for up to four large public safety warning signs after her sheep were found wandering on the public road in contravention of a law dating back to 1851.

Mary O’Sullivan, of Hilltop House, Dreenacappara, near Ardgroom, said she had been farming sheep since she was six years old and had done everything possible to keep them from straying onto the road adjacent to the 1,140-acre Kilcatherine commonage, of which she is one of the 74 shareholders.

That gives Ms O’Sullivan grazing rights and she told Bantry District Court that to avail of the commonage, she has to use it. While she also has a lowland farm of 14 acres, the court heard her sheep are a Scotch Black mountain breed and needed to be on the mountains.

File photo
File photo

The court was told a complaint had been made to gardaí by Ms O’Sullivan’s neighbour, Lotte Vox, about the sheep being on the public road, giving rise to the charges that they were being allowed to wander on four separate days last year at Darrigroe in Eyeries, contrary to a section of the Summary Jurisdiction (Ireland) Act 1851, as amended.

Ms Vox, who said she has been living in Beara since 1980, said the road was narrow and busy during the summer months, in particular because of the Beara Way and the nearby Wild Atlantic Way. She said she had mentioned the sheep being on the road to Ms O’Sullivan, but it was not addressed, so she complained to gardaí. She told the court she took photographs to show the sheep on the road, which were then handed in to court.

Ms O’Sullivan’s solicitor, Flor Murphy, had argued vigorously that none of his client’s other neighbours had complained at any stage about the sheep on the road, adding that much of the commonage is unfenced. He said Ms O’Sullivan had public liability insurance but that under a legal amendment introduced back in 1985, sheep being on the road but coming from typically unfenced commonage were exempted in the event of an accident, in ways that cattle or sheep in fields were not.

In the witness box, Ms O’Sullivan said since the issue was raised by gardaí last year she had halved her flock, meaning she had 37 sheep left.

“My dog and myself herd them,” she told Judge James McNulty.”I really love it — I have been at it since I was six or seven years of age with my dad. I do love it and I love my animals.”

Asked by the judge whether her sheep know the difference between her lowland farm and the commonage she said: “I know the difference between brown bread and sweet cake, and sheep are cleverer than me.”

Garda Martin Hegarty, who fielded the initial complaint, said traffic volumes on the peninsula had increased, particularly in summer and autumn, and while there had been no accidents, there was a risk.

Mr Murphy said: “Are we saying that because someone complained that we will take all the sheep off these places in West Cork and south Kerry? If people drive carefully there will be no problem. I would hate to see someone who is so devoted to her animals criminalised for being a farmer.”

Judge McNulty said he could not let his heart rule his head — the case had been proven against Ms O’Sullivan and her sheep had been on the public road. But he said the court would treat her leniently as there needed to be a balance between farming in a way that had taken place for generations and the needs of visitors coming to this country.

He said commonage was established before motor cars and camper vans and added that “good fences make good neighbours”.

He said Ms O’Sullivan could erect “three, or preferably four” signs — “tasteful signage, I don’t want anything garish”. He said the signs could read: “Caution. My sheep may wander on this road. Take Care. Mary O’Sullivan.”

He said the signage need not be expensive and that if Ms O’Sullivan — who has no previous convictions —agreed to erect and maintain them for up to three years, the matter could be dealt with under a conditional discharge.

The matter has been adjourned for one month so Ms O’Sullivan can consider the proposal.

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