A district court judge relocated his court sitting to a mucky field in south Galway in a bid to resolve an ongoing dispute between two neighbouring farmers over the construction of a wall.

Judge Patrick Durcan left his judicial garb behind and put on a pair of borrowed Garda-issue wellies, after gardaí told him that he wouldn’t be able to access the field without them.

Special sitting

Judge Durcan said that he would preside over what he called “a special sitting of Cahermore District Court near Kinvara” in the mucky field in the townland of Cahermore.

At Gort District Court, Judge Durcan compared the row between one-time friends Brian Gill (37) of Cahermore, Kinvara, and Brian Murphy (38), who owns land at Cahermore, Kinvara, to the ongoing row over the Trump wall in the US.

“We have someone else in the world, Mr Trump, who is dividing our world in a huge way and who has stopped government operating in the biggest democracy in the world - all over a wall - and we now have this Great Wall of Cahermore that I’m sure is dividing a village,” Judge Durcan said.

He heard submissions from each side in the shadow of the five-foot stone wall

Accompanied by four gardaí, a court registrar, solicitors for the two farmers and the farmers themselves, Judge Durcan made the 10-mile journey from Gort court to the farmland at Cahermore.

There, he heard submissions from each side in the shadow of the five-foot stone wall before ruling on what happens next in the dispute.

However, the trip to the lands didn’t stop the two farmers bickering in front of Judge Durcan as their bitter row continued.

Faced jail

Last year, Judge Durcan warned Mr Gill that he faced jail if he didn’t finish his part of the wall.

Both farmers have since completed their part of the 3km-long wall dividing their lands.

Solicitor for Mr Murphy Olivia Lynch said Mr Gill’s work in completing the wall had damaged Mr Murphy’s lands, as significant bushes, trees and stones were thrown out on Mr Murphy’s lands when there was no need to do that.

She told the district court that, leaving aside the damage to Mr Murphy’s lands, Mr Murphy now runs the risk of having his Basic Payment Scheme payment reduced because of the damage.

Solicitor for Mr Gill Colm MacEoin said that on Tuesday of this week, Mr Gill went in with a digger to clear debris arising from the construction of the wall from Murphy's lands.

Mr MacEoin said that he received a phonecall from Ms Lynch on Tuesday for Mr Gill to remove the digger, as it was churning up the field in the wet conditions and Mr Gill complied.

The debris on the Murphy lands remains to be cleared up.

Weather

Speaking in the field, Mr Gill told Judge Durcan: “No matter what day I will say I will go on in, there is going to be a problem.”

In response, Mr Murphy said: “No problem, Brian, if you go in on the right weather."

Mr Gill replied: “I will have to ring the gardaí to tell them I will be going on the lands like I did Monday evening.”

Mr Murphy said: “No one contacted me.”

In reply, Mr Gill said: “That is not my problem. No matter what I do, it is going to be wrong.”

Earlier, Mr Gill had told the court: “This is going on all year and I am sick of it.”

On the land

Earlier, as the party walked the land making its way towards the wall, a Garda became alarmed when seeing the two farmers walking side-by-side and told the two: “Stay away from each other.”

Addressing the farmers at the wall, Judge Durcan told them to stop talking, adding: “This has to be cleared up and so ye can get on with your lives.

“We are nearly at the end of the road on this one and there has to be a deal done and both of ye have to move a little bit.”

He remarked that both men “are sitting on valuable farms”.

Mr MacEoin said: “Both parties have spent a huge amount on this and this has put financial pressure on both parties.”

At a previous court sitting, Mr MacEoin said that there was bad blood between the two farmers.

Judge Durcan said that Mr Gill had a responsibility to remove the debris from the Murphy lands and this must be done when weather conditions allow and that he is not bringing his digger “into a swamp”.

Costs

On the costs involved, Judge Durcan said: “If it costs a million euro or a tenner, that is Mr Gill’s business.”

Judge Durcan said that the offer of two bags of grass seed by Mr Gill to reseed the lands affected is a reasonable one.

Judge Durcan said that he was very glad that he has come out to view the scene.

Mr Gill made the undertaking to complete the wall arising from the State charging him with the assault of his neighbour, Brian Murphy, on 22 November 2016.

Public order

Last month at Ennis District Court, Mr Gill pleaded guilty to a separate public order charge involving Mr Murphy on 24 November last.

The court was told that Mr Murphy alleged that Brian Gill directed abuse at him on 24 November and shouted at him: “Come over here, you f**kin' tinker.”

Judge Durcan said that there would no conviction from the public order case if the wall was complete.

At the wall, Judge Durcan said that he would allow the two solicitors from each side to decide when was the best time for the digger to go on to the Murphy lands to clear the debris.

Judge Durcan adjourned the case to 28 February to Gort District Court, adding: “I want to see action.”