Galway land boundary dispute akin to a Balkan conflict zone, says judge

A JUDGE has described images from a site concerning a land boundary dispute between two brothers-in-law as “like something out of Bosnia and Herzegovina”.

At Gort District Court, Judge Patrick Durcan made his comment after hearing that “matters are deteriorating”.

In court, solicitor William Cahir for the alleged victim of an assault, Damien O’Neill, said that “the situation has become intolerable from my client’s point of view”.

“The situation on the ground is deteriorating and the Gardai have been involved.

“It is of the utmost seriousness. I can’t impress that on the court enough.”

Judge Durcan previously told brothers-in-law, neighbours and businessmen John Grealish and Mr O’Neill to resolve the boundary dispute in order to avoid “bile and bitterness”.

Mr Grealish (50) and his son, Jason (29) both of Hawk Hill, Gort, where they operate a family fuel business, are facing a charge of common assault on Mr O’Neill at Hawk Hill on February 23, 2019.

The two Grealishes are contesting the charge. Solicitor for Jason Grealish, Olivia Lynch, previously told the court that her client was trying to act as peacemaker on the day.

In court last week, Mr Cahir said: “There are other matters going on and it is impinging daily on my client’s life and I may have to go to another court to seek interim relief. I’m hoping matters will pass without having to do that.

“Effectively what is now beside my client’s home is an industrial plant whereby they are bagging raw coal and there are matters as to whether planning is in order and questions over interference with boundaries.”

“It is deteriorating on the ground and I am anxious to see movement in the case.”

Judge Durcan told solicitor for John Grealish, John Nash, that “very serious allegations are being made”.

Mr Nash said: “This is the first time I have heard of these allegations they have never been said to me previously. I didn’t get a letter and if I did, I could have taken instructions.”

Mr Nash said the dispute could be sorted out if the engineers for both sides get together.

Ms Lynch said she was also surprised to hear the allegations: “The operation has been going on for the last 10 years and the alleged victim’s son worked bagging coal at one point about six years ago.”

The site is four miles out of Gort and Mr Cahir said he hasn’t engaged in correspondence as he didn’t want to cross over State bodies which are involved.

Judge Durcan said he wanted action in the case and told the engineers to report back in two weeks’ time.

Judge Durcan said he “may well” visit the site at the next court date on July 9 and resolve the matter on July 23, adding: “A criminal prosecution gives opportunities parties to resolve matters and get on with life.”

‘Effectively what is now beside my client’s home is an industrial plant whereby they are bagging raw coal’