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Naas Judge says it is tragic that 2 brothers married to 2 sisters are in dispute over land
Reporter:
Louise McCarthy
07 Oct 2018 11:13 AM
A West Wicklow man appeared before Naas District Court in connection to allegations that he assaulted his elderly aunt and uncle. A 32-year-old man is charged with assaulting his aunt and uncle on April 30, 2015. Evidence was heard how the case relates to a long-running family feud that involves two brothers married to two sisters. In court, the alleged injured party alleges that the incident took place at approximately 7.35am. He said that he was waiting for a machine driver to arrive. It is alleged that the accused, who is a nephew to the injured parties, stopped the car and starting taking photos of him, with his camera phone and that he 'made a grab' at him and 'spat on his face.' He said that his wife, the accused's aunt, ran up the road and told the accused to 'get away.' In court, the elderly man, said: "He grabbed my wife by the dressing gown and punched her in the face." Defence Solicitor, Tony Hanahoe, said that the accused denies the assault accusations. In court, the accused claims that his uncle was standing on the middle of the road and that on the morning he was going to work. He said that the window of his car door was open and he began taking photos. He said: "I had to stop. I would have been happy to keep going. I took out my camera phone to take a photo of him. I wanted to show a photo of him standing there with a stick. I thought noone would believe me. He hit me on the thumb, head and ribs. My aunt ripped my collar, she grabbed me on the chin with her nails. He was hitting me with the stick." The court heard how the accused went to the local Garda Station and reported assault. In court, when the injured party was asked by Judge Desmond Zaidan, how she would feel if her nephew was sent to prison she said that she would like that he is bound to the peace as her daughter is building a house. She told the court how she is the eldest of the family and since this dispute over land has arisen, she no-longer has contact with her younger sister, who is married to her brother-in-law. In court she told how there is only 12 months between the accused, her nephew, and her daughter, who is planning to build on the land, that is the centre of the dispute. She said: "I brought them to school as children, it is so sad that this has happened. I don't want to see him go to jail, he is my nephew." Judge Desmond Zaidan said: "Life is short, this has really divided the family." The injured party told the court how 20 years ago her husband bought the land in question from his brother so that his children could have somewhere to build a home. She told the court how there has been objections to her daughter being granted planning permission on this land but that she has now been granted planning. Prosecuting Sgt Tom O'Donoghue said: "It is so deep rooted, these are mass going people, I have to wonder how can you go to mass with so much hate for your brother. This all got worse when their brother passed away. In either house, they are decent people. I have spent so many hours trying to reason with them. There is tit for tat continuously. " Judge Desmond Zaidan said: "It is all so tragic, two brothers and two sisters. You can't live like this, it is dishonouring the souls of your parents, you are undoing all the goodness that your late brother has done." The Judge has ordered that the family engage in free mediation, the two brothers, two sisters, the accused and his female cousin, who plans to build on the land. Judge Zaidan said: "You can throw all the muck at each-other but the alternative is prison. This is not a healthy way to go about life." All parties have been ordered to engage with Probation Services in a Restorative Justice Programme. The accused has entered into a bail bond of €100. The case has been adjourned until December 13, next. Judge Zaidan said: "I sincerely hope that there will be light at the end of the tunnel."
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