Ramblers lose landmark case seeking public right of way

A CO. WICKLOW landowner has won a decade-long legal battle to keep ramblers off his land.

Joseph Walker, a married fatherof-four, had won his case in the High Court in 2012 but hill walkers Niall Leonach and Noel Barry of the Enniskerry Walking Association appealed, which dragged out the court saga until yesterday.

Presiding at the Court of Appeal, former Attorney General, Judge Máire Whelan, ruled that Mr Leonach and Mr Barry failed to prove there was a public right of way on the 500-metre route in ‘an area of great scenic beauty’. She said the dispute ‘escalated significantly’ in 2002 after a hill walks booklet ‘identified’ the route ‘as a public right of way’.

Mr Walker objected to the pamphlet, Ten Walks In The District Of Enniskerry, and threatened legal action. Between 2003 and 2005, conciliation talks were held and failed.

A series of incidents – a ‘No Right Of Way’ sign was shot at, small fires were lit, fences were damaged and bark removed from trees that then died – the High Court heard. Mr Walker claimed he and his family were intimidated and even assaulted. However, he did not blame the ramblers for this.

Mr Leonach, a teacher, and Mr Barry, a retired bus driver, organised protest marches, but on two of these Mr Walker forcibly barred their entry, it was heard.

They also produced 18th and 19thcentury maps, showing tracks across the land. But the High Court found the tracks did not distinguish between private and public routes.

They lodged an appeal, but yesterday the court said they had failed to establish in their appeal that they were entitled to ‘go on the respondent’s [Mr Walker’s] lands as of right for the purposes of the exercise and enjoyment of a public right of way’.

However, Judge Whelan indicated she would change the original decision to ensure the courts aren’t prevented from making future decisions regarding the disputed route.