Judge says conclusion must be reached on Ballyshannon case going back to 1969

A district court judge said that a hearing date had to be set to deal with public order offences which stem from a compulsory purchase dispute dating back more than 50 years.

Judge Sandra Murphy sitting in Ballyshannon District Court on Friday, January 3 said that while she understood that there was a lengthy and complex background, the court could only deal with the more recent public order offences.

PJ McGarrigle, 77 of Seamount, Donegal Road, Ballyshannon is charged that on July 20, 2024 at Bellure Lane, Coolcholly, Ballyshannon, he failed to comply with the instruction of a garda. He is charged with threatening, abusive or insulting behaviour on the same occasion. 

The defendant was represented in court by solicitor Gerry McGovern who outlined that the offences related to a civil matter going back to 1969. 

While the solicitor made it clear that he was only dealing with the criminal matter and not the civil matter which involves a dispute over compulsory purchase, he had made attempts to seek clarity on the background matter. 

“I wrote two letters to the council, the most recent September 2024,” he told the court. "I have not received any reply.

“Unless that matter of compulsory purchase is resolved in some way this case will never end. This man says that ‘on the folio this is my land.’

“I don’t know what we can do.”

The solicitor told Judge Murphy that she was the sixth judge to deal with the case.

Judge Murphy acknowledged that there was an ongoing situation, but added: “The problem is that these are new charges. We can only deal with the case before us.”

The matter was remanded to February 17 to fix a hearing date.

“We should bring the situation to a conclusion as soon as possible,” said Judge Murphy. 

“I don't think we are going to get a conclusion on the civil matter.”

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