An Independent councillor convicted of assaulting his brother and nephew following a dispute over the inheritance of a family farm has avoided a custodial sentence.
Frank Roche (58) of Ballyadeen, Castletownroche, Co Cork had denied assaulting his brother David, and his nephew Colm in January, 2020.
At a sitting of Fermot District Court in Co Cork in November of last year he was convicted of assaulting both men and of engaging in threatening, abusive or insulting language.
On Monday at Fermoy District Court Judge Alec Gabbett imposed a four-month prison sentence in the case which he suspended for a period of 20 months.
Failure to show remorse
Judge Gabbett expressed concern at the failure by the County Council member to show remorse in the case.
“He has shown little or no empathy,” the judge said having read a Probation and Welfare Report compiled in relation to Mr Roche.
Judge Gabbett decided to impose a suspended sentence in the case in order to put a deterrent in place to avoid further offending.
He described Roche as having "an anti-authoritarian attitude".
"The intention is to deter further offending and try to deal with it on that basis."
Judge Gabbett emphasised to the defendant that the land dispute which has served as a catalyst for his offending behaviour was "long
past mediation."
"He has to accept that this is a lost cause."
Family dispute
Judge Gabbett added that he was conscious of the good work carried out by Roche in the community.
"My difficulty is that he seems to get himself in a lot of scrapes. This is a family dispute. (But) it is not uncommon in Ireland," he said.
Mr Roche, who is an agricultural contractor, represents the Fermoy Municipal Area on Cork Co Council as an independent member.
The court previously heard that he has a fractious relationship with his two brothers, David and Patrick, since they inherited their family farm from their father David Roche Senior.
David Roche gave evidence in relation to the assault. He indicated that he and his son, Colm, were driving along a road near the farm at Ballyadeen when he spotted a jeep that had pulled in.
He said he lowered the passenger window of his vehicle to speak to the driver whom he didn’t know.
'Shocking incident'
David said his brother Frank then came around the back of his jeep and grabbed his son Colm in a headlock and tried to pull him out through the window. He also punched Colm before going on to hit David Roche.
David Roche said that it was a shocking incident. “I shouted at him to go away and leave us alone and to live his own life, but he told me he would die on the farm and that I was a lousy bastard and that we would all rot in hell,” David Roche told the court.
David added that he ws concerned for his own safety and that of his son.
Colm Roche filmed the final moments of the encounter on his phone. A video clip was played for Judge Gabbett in which Frank Roche could be heard roaring that he hoped both Colm and David Roche would “rot in f**king hell”.
Frank Roche denied the charges. He said he was driving with a friend when he saw an orange spanner lying on the road which he thought might belong to him.
He claimed he got out to pick it up when David Roche drove at him and tried to run him down.
“He has a habit of driving at me at high speed …. I am afraid of my brother, they have ruined my life and cost me my farm and now they
want to 'do down' my character and get me out of Cork County Council because it gives me a platform to highlight farm abuse,” he said.
Judge Gabbett said there was a clear conflict between the evidence of David Roche and Colm Roche and that of Frank Roche.
“I find them (father and son) credible and, as far as I’m concerned, an assault took place,” Judge Gabbett said.
“This is a classic family dispute, and it needs to be addressed - we have a situation here where it could escalate and people could hurt
each other.”
The defendant has three previous convictions for assaults, one of which involved a three-month suspended sentence, as well as 16 other convictions primarily for Road Traffic Act offences.
