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CaptainVertigo
2011-02-10 17:56:30
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Allegations of Intimidation
The High Court has begun hearing an action by a Wicklow land owner against members of a local walking association who claim a right of way on his property. Joseph Walker of Annacrivey, Enniskerry claims he was beset and intimidated by unwelcome visitors after members of the Enniskerry Walkers' Association asserted a public right of way across his land in the Glencree Valley. The defendants in the case include the chairman of the association Niall Lenoch of Monastery Grove and secretary Noel Barry, Monastery, Enniskerry. They were described in court as 'leading members' of the Enniskerry Walkers Association, which was put together 'to agitate for and to promote' the opening up of old roads and rights of ways for the benefit of the public.
It was part of a wider political movement to open up Ireland and its roads for the people, the court heard. The defendants claim the right of way on land half way between Enniskerry and Glencree dates back more than 250 years and is known as 'The Old Coach Road'.
They will also say there is evidence of the road on maps from 1760 onwards and reference to the road is contained in a report prepared by Wicklow County Council. Mr Walker says no such road exists and claims he was subjected to aggressive confrontations after marches were organised to his land. He also claims his property was damaged by trespassers. While he does not blame the defendants for the damage, he believes their campaign has led to trespassers gaining access to his land. He claims he was besieged and intimidated because of the actions of the defendants in agitating for a public right of way.The court heard the pathway in question involves about 500 metres of his land. He is seeking a declaration that his land is not subject to a public right of way and orders restraining the defendants from trespassing on the land. At the outset of the hearing this morning, Mr Justice John McMenamin said the case could go on for a number of days, at the end of which he would make an order and the successful party could apply for costs. He said it was important that both sides in the case recognise this and went into with their eyes open. (RTE NEWS)
To avoid adverse legal consequences we must not post comments on this case while the matter is still at hearing.
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