A father and his son have been denied bail after they were charged with assaulting two family members who required emergency surgery at Cork University Hospital over the weekend.
Garda Jonathan O’Donovan told a special sitting of Bantry District Court in Co Cork on Monday that a feud has been ongoing for 14 years between a mother, father and their three sons in Dunmanway, Co Cork.
The feud relates to a will and the distribution of property at Ballyhalwick townland in Dunmanway, the court was told.
He said that about 20 incidents had occurred over the last five years in relation to the agrarian dispute which has escalated over the last five weeks.
Detective Garda O’Donovan said that the incident on Saturday night allegedly involved pensioner Jerry Brennan Snr (77) and his son William (31). Both men have an address at 2 Long Bridge in Dunmanway, Co Cork.
The garda said he charged William Brennan with assault causing harm to his older brothers John Brennan and Jerry Brennan Jnr at Bandon Garda Station in Co Cork last night. He told the court that he also charged William Brennan with producing an article, a hunting knife, in a manner that was likely to intimidate at Ballyhalwick in Dunmanway on Saturday night.
Det Garda O’Donovan told the court that when William Brennan was charged with the alleged offences he replied “I did not do that – but if I did not pull the knife I would be dead right now.”
William Brennan also insisted he was acting in “self defence” or he “would have been killed.” He also claimed it was the second time he had been attacked “and it has ended up in court.”
Det Garda O’Donovan objected to bail arising out of the seriousness of the charge. He said the production of the knife charge was contrary to the Section 11 of the Firearms and Offensive Weapons Act 1990.
He indicated that gardaí were called to Ballyhalwick at 7.05pm on Saturday as Jerry Brennan Jnr and John Brennan had been stabbed at the house allegedly “over a piece of land.”
Det Garda O’Donovan said that Jerry Jnr suffered a severed artery in his arm whilst John Brennan incurred a punctured lung. He stated that one of the victims was airlifted by helicopter to hospital whilst the other went by ambulance. Both required surgery and are now stable.
He said that he feared that William Brennan would interfere with witnesses if he was granted bail in the case.
“There has been an escalation of behaviour over the last five weeks. It is evident that the case is escalating.”
Barrister Elaine Audley, representing William Brennan, put it to the garda that her client had co-operated while in garda custody. Det Garda O’Donovan said that he had “to a certain extent.”
He said even the most stringent bail conditions wouldn’t satisfy him given the “escalation of behaviour.”
William Brennan is employed as an engineer and has been working in the Netherlands since May. However, his main address is still in Dunmanway.
Mr Brennan took to the stand and said he was willing to abide by any conditions set down by the court. He said that if bail was refused in the case it would represent “the end of (my) life.”
“I would lose my job as an electrical engineer.”
Judge O’Reilly declined to grant bail to William Brennan and asked the garda if it was a fair characterisation to say that it was “a dispute over land and the blood is up.” Det Garda O’Donovan said that this was the case. Free legal aid will be granted in the case once a statement of means proves suitable.
Mr Brennan was remanded in custody to appear before Clonakilty District Court on Thursday.
Meanwhile, Det Garda Joseph Maher gave evidence of arrest, charge and caution in relation to Jerry Brennan Snr. Mr Brennan Snr is charged with assault causing harm to his sons John Brennan and Jerry Brennan Jnr at Ballyhalwick last Saturday night.
He is also charged with producing a one to two inch pocket knife in the course of the dispute on August 17th. Responding to the charges which were put to him at Bandon Garda Station shortly after 9pm on Sunday night, Jerry Brennan Snr denied assault and said he didn’t know why he was being charged.
Det Garda Maher also objected to bail being granted in the case arising out of the gravity of the charges and the possibility of witness interference. He said that the evidence in the case was “very strong” and involved forensic and dashcam evidence.
Solicitor Myra Dineen said that client was an “elderly man” who was prepared to abide by any and all conditions set down by the court.
Mr Brennan, who walks with a stick, took to the witness box and said he was in poor health.
“I have arthritis in my spine, broken discs and diabetes.” He acknowledged the charges were “very serious.”
Judge O’Reilly declined to grant bail to the pensioner given the seriousness of the charges and the possibility of witness interference. Mr Brennan will also appear before Clonakilty Court next Thursday for DPP directions. Free legal aid was granted. A statement of means will be handed in to the court.
No details were given as to the size of the land which is the source of the alleged dispute. However, the court heard that it simply consists of a farmhouse, a yard and some sheds at Ballyhalwick in Dunmanway.
