Man receives €128k after neighbour discharged firearm at him during right of way dispute

High Court Reporter

The High Court has awarded €128,000 to a man over injuries he received when a neighbour discharged a firearm at him in a dispute over a right of way.

In 2015, Patrick J Friel (59) of Churchill, Letterkenny, Co Donegal, pleaded guilty in the Circuit Court to possession of a firearm without a certificate and assault causing harm at Churchill on January 3rd, 2015. The Probation of Offenders Act 1907 was applied.

The DPP appealed the leniency of the sentence. The Court of Appeal agreed and imposed a three year suspended sentence.

The neighbour, Gerard Sweeney (53), sued Mr Friel over injuries from shotgun wounds to his head. He also said he suffered significant physical and psychological harm. He sought damages, including aggravated and exemplary damages.

Mr Friel did not appear to defend the case and had previously discharged his solicitors who he employed to defend the case.

On Friday, Ms Justice Leonie Reynolds awarded Mr Sweeney €128,005.

Earlier, she said Mr Sweeney gave evidence of driving his digger up the laneway on the day in question when he met the defendant and his son. Some months prior to this incident, Mr Sweeney bought lands and an old dwellinghouse near the defendant’s farm holding.

Mr Sweeney was aware that they were very unhappy about his use of the right-of-way and wanted to take away his access, she said.

He tried to go past them but his passage was blocked. He said he was threatened and verbally abused and the defendant demanded that he get off the lane way.

The judge said the situation became extremely volatile with the defendant producing a shotgun and discharging shots in his direction.

His evidence was that multiple shots were fired, smashing through the windows of the digger. He was hit by several pellets, one of which became lodged in his eye, and he subsequently lost consciousness.

He said he was terrified and in fear for his own life and that of a friend who was travelling a short distance behind him. The defendant then turned his attention to the jeep in which Mr Doherty was travelling and proceeded to damage it with further shotgun blasts.

Some 14 pellets were embedded in his face and eye for which he required surgery. He stated that some pellets remain in situ as they could not be surgically removed safely. Others were successfully removed from his nose, eyelid and around the eye area.

Gardai were called and Mr Sweeney was taken by ambulance to hospital.

The judge said apart from the injuries, Mr Sweeney lost all interest in his farm work and social activities for a minimum of 12 months post incident and became isolated and withdrawn.

He suffered loss of appetite, became irritable and withdrawn and required intermittent medication for insomnia.

Fortunately, he sought out counselling on medical advice at an early stage and as a result reported an 80pc improvement in symptoms within two years of the incident.

In making the award, she included €30,000 for exemplary and aggravated damages.

She also awarded costs against Mr Friel.