Court archive
Court reports mentioning Ballyduff, Kerry
2024-03-08 · Kerry
In a landmark High Court ruling, Justice Emily Egan held that the noise from the Ballyduff Windfarm at Kilcomb, near Enniscorthy, constitutes an unreasonable interference and therefore a nuisance to neighbouring residents. The decision, the first private nuisance claim against wind turbine noise in Ireland or the UK, found that the sustained periods of high‑level noise, especially in the evenings, weekends and early mornings, substantially interfered with the plaintiffs' enjoyment of their homes. The plaintiffs, Margret Webster and Keith Rollo, and Ross Shorten and Joan Carty, sued Meenacloghspar (Wind) Limited for damages, alleging the noise had damaged their lives, health and property values. The court rejected the defendant's claims of negligence and of non‑breach of planning conditions, and directed the parties to re‑engage in mediation to seek proportionate mitigation measures. The case will proceed to a second module to determine damages and possible injunctions. The hearing lasted 51 days and the costs are estimated above €1 million.
2023-07-17 · Kerry
David Thomas, 33, has sued his mother Breda Thomas over a Co Kilkenny property that includes a guesthouse and 85 acres of land at Ballyduff, Thomastown. He alleges that he is the rightful owner, having inherited the property from his late grandmother and that it was held in trust for him and his sister. Thomas claims that the property was legally transferred to him in 2010 but that his mother concealed this fact, leading to a breakdown in their relationship. He seeks possession of the dwelling house and farm, registration of his legal interest, damages for trespass, breach of duty and unjust enrichment, and an injunction against his mother's alleged trespassing and harassment. Breda Thomas denies all allegations, stating she loves and cherishes her son, has never abused him, and that the property was willed to him and his sister by their grandmother in 1993.
2023-07-07 · Kerry
David Thomas, 33, has sued his mother Breda Thomas in the High Court, claiming she unlawfully occupies an 85‑acre farm and dwelling at Ballyduff, Thomastown, Co Kilkenny, which he says was willed to him by his late grandmother Barbara Thomas in 1993. Thomas alleges that the property was transferred to him in 2010 by trustees, but his mother withheld the full meaning of the transfer and continued to manage the farm, benefiting from its profits. He says his mother has physically attacked him, threatened to burn the property, and excluded him from his bedroom and household facilities. Thomas claims he has no other accommodation and has been staying with an aunt. He seeks possession of the house and farm, registration of his legal interest, damages for trespass and unjust enrichment, and an injunction restraining his mother from trespassing or harassing him.
2022-11-22 · Wexford
Two couples, Margaret Webster and Keith Rollo, and Ross Shorten and Joan Carty, have filed High Court damages actions against Meenacloghspar (Wind) Limited, the operator of the Ballyduff Windfarm near Enniscorthy, Co. Wexford. They allege that since the windfarm began operating in 2017, the turbines have produced constant noise, vibration and shadow flicker that has disrupted their sleep, increased anxiety and harmed their mental health. The plaintiffs claim the noise has devalued their homes, which are 369 metres and 359 metres from the turbines, and that the windfarm is operating in breach of its planning permission. They seek orders to cease operation, decommission the windfarm, and restrain future operation until noise and vibration are reduced, as well as damages for nuisance, negligence, breach of duty and constitutional rights. The defendant denies all allegations and argues the windfarm is compliant with its planning permission. The case is scheduled to be heard over several weeks before Ms Justice Emily Egan.
2022-11-03 · Waterford
The Supreme Court has dismissed an appeal brought by local residents against a lower court's finding that certain parts of a Co Waterford-based wind farm did not amount to unauthorised development. The decision concerns an 11-turbine wind farm at Ballyduff operated by Barranafaddock Sustainable Electricity Limited, allowing the facility to continue operating. The residents, acting as applicants, claimed under Section 160 of the 2000 Planning and Development Act that the wind farm was unauthorised development, specifically alleging that the developer deviated from planning permission by increasing rotor blade diameter from 90 to 103 meters. While An Bord Pleanala ruled the change was not exempted development, the High Court initially restrained the turbines' use. That decision was overturned by the Court of Appeal, which found in the operator's favour. The Supreme Court, comprising five judges, upheld the Court of Appeal's findings. Mr Justice Woulfe stated that the increase in rotor blade diameter had been agreed in writing with the planning authority. The court also determined that the applicants were not entitled to challenge the board's act on EU law grounds and that the board's finding did not extend to a determination of unauthorised development. The Supreme Court had agreed to hear the appeal due to issues of general public importance regarding the 2000 Act and Environmental Impact Assessment requirements.
2022-03-09 · Waterford
The Supreme Court has agreed to hear a claim that parts of an 11‑turbine wind farm at Ballyduff, operated by Barranafaddock Sustainable Electricity Limited, were built without proper authorisation, making them an unauthorised development. Local residents argue that the wind farm should be shut down because the turbines exceed the dimensions approved in the 2011 planning permission. The operator had originally applied for turbines with a 90‑metre rotor blade diameter, but in 2013 consultants submitted a change to increase the diameter to 103 metres, while the tip heights remained as in the 2011 permission. The council's response was a letter stating "noted and agreed" without explicit approval of the diameter increase. The turbines were built and became operational in 2015. Residents brought High Court proceedings, and Mr Justice Garrett Simons ordered a restraint on the turbines that were not authorised. The operator appealed to the Court of Appeal, which ruled in its favour.
2019-05-27 · Kerry
In a two‑week trial at the Central Criminal Court, Kerry farmer Michael Ferris, aged 64, was found not guilty of murder but guilty of manslaughter for the death of neighbour Anthony O'Mahony, aged 73, after Ferris drove the prongs of a teleporter into O'Mahony's car on 4 April 2017. The jury, 10 to 2, accepted that the attack was deliberate and caused catastrophic injuries. Justice Carmel Stewart sentenced Ferris to six years' imprisonment, with the final year suspended, and backdated the sentence to the day of the offence. The Director of Public Prosecutions has applied for a review, arguing the sentence was "unduly lenient", and the Court of Appeal has set a hearing for 2 December. Ferris's defence lawyer, Brendan Grehan SC, expressed remorse and cited cumulative provocation by O'Mahony. The O'Mahony family, represented by his niece Ann O'Carroll, has expressed that the outcome was insufficient and that a murder conviction would have been appropriate.
2018-12-03 · Kerry
Michael Ferris, 63, was jailed for five years at the Central Criminal Court for manslaughter after repeatedly driving a teleporter into his neighbour Anthony O'Mahony, 73, during a long‑standing dispute over a noisy bird‑scaring device. The jury found Ferris not guilty of murder but guilty of manslaughter by a 10‑to‑two majority. At the sentence hearing, Justice Carmel Stewart imposed a six‑year prison term with one year suspended, back‑dated to the day of the offence. The judge cited Ferris's admission of guilt, his remorse, lack of prior convictions and his age as mitigating factors. The family of the deceased, led by niece Ann O'Carroll, expressed that they believed justice was not served, arguing the sentence was too lenient and that the case exemplified victim blaming in Irish courts. The judge noted the severity of the injuries inflicted and the impact on the victim's family.
2018-11-26 · Kerry
During a two‑week trial in Tralee, dairy farmer Michael Ferris (63) was found not guilty of murder but guilty of manslaughter for the death of neighbour Anthony O'Mahony (73) on 4 April 2017. Ferris admitted to blocking a small road with a New Holland teleporter and driving it at O'Mahony's car, causing catastrophic injuries that killed him. The victim impact statement, read by O'Mahony's brother Seamus, described the brutal nature of the attack and the emotional toll on the family, who feel their brother's good character was unfairly attacked in court. Seamus expressed fear that Ferris might "snap again" and that the family will live in fear of encountering him on the road. The statement highlighted the family's isolation and the lasting pain of the incident. The court has remanded Ferris in custody until his sentencing on 3 December.
2018-11-26 · Kerry
In a sentence hearing at the Central Criminal Court, Kerry farmer Michael Ferris, aged 63, was found not guilty of murder but guilty of manslaughter for the death of neighbour Anthony O'Mahony, aged 73. The case stemmed from a long‑standing dispute over a noisy bird‑scarer. On 4 April 2017 Ferris blocked a small roadway in Rattoo with a New Holland teleporter and drove its prongs into O'Mahony's Peugeot, repeatedly stabbing him. O'Mahony suffered catastrophic injuries, including five penetrating wounds, and died immediately. Ferris admitted to the attack, stating he had been frustrated by the bird‑scarer for 30 years and believed the only solution was to block the road. He had no prior convictions and had been in custody since the incident. The hearing focused on the facts and Ferris's admissions, with no further verdicts announced.
2017-10-23 · Kerry
Michael Ferris, a 62‑year‑old farmer from Rattoo, Ballyduff, Co Kerry, is charged with the murder of his 74‑year‑old neighbour, Anthony O'Mahony, who was killed on 4 April using a teleporter agri‑machine. The trial will begin on 9 October 2018 at the Central Criminal Court in Tralee, where it is expected to last two weeks.
2015-05-20 · Waterford
Philip Connolly, 39, pleaded guilty to the violent robbery of 67‑year‑old farmer David Feeney on Railway Street, Dublin, on 14 May 2013. Judge Mary Ellen Ring, after reviewing evidence including a photograph of Feeney's injuries, imposed a suspended sentence of two and a half years, with 18 months suspended on condition Connolly keeps the peace. Connolly is currently in a rehabilitation programme working on a farm, while Feeney, who can no longer work his land, has physically recovered but suffers ongoing consequences. Connolly's co‑accused, Leigh O'Connell, 28, had 100 previous convictions and was sentenced to four years, with the final two and a half years suspended on condition he continues addressing his drug problems. The robbery involved a head‑lock, assault, and theft of money, a phone and a driver's licence, and was captured on CCTV. The case was heard in the Dublin Circuit Criminal Court.
2015-05-18 · Kerry
The Court of Appeal has ordered a retrial for John-Paul Cawley following his successful appeal against a murder conviction, while the appeal of Wenio Rodriguez Da Silva was dismissed. Both men had pleaded not guilty to the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel, between February 16 and 17, 2012. Cawley had also pleaded guilty to manslaughter, a plea not accepted by the prosecution. A jury at the Central Criminal Court found both men guilty of murder, and Mr Justice Garrett Sheehan sentenced them to mandatory life terms on May 22, 2013. The Court of Appeal, led by Mr Justice John Edwards, found that the trial judge erred in failing to adequately direct the jury on the onus of proof regarding the statutory presumption of intent. The court ruled that the prosecution bore the burden of proving beyond reasonable doubt that this presumption had not been rebutted, a point not sufficiently explained to the jury. Consequently, Cawley's conviction was quashed, and he was remanded in custody to appear before the next list to fix dates for his Central Criminal Court retrial. Da Silva's appeal was dismissed, and his life sentence remains in effect.
2015-03-02 · Kerry
John-Paul Cawley and Wenio Rodriguez Da Silva have brought appeals against their murder convictions in the Court of Appeal. Both men, who pleaded not guilty to the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel, between February 16 and 17, 2012, were found guilty by a jury at a Kerry sitting of the Central Criminal Court. They received mandatory life sentences from Mr Justice Garrett Sheehan on May 22, 2013. Cawley had previously pleaded guilty to manslaughter. Counsel for Da Silva, John B Peart SC, argued the jury should have been discharged against his client, alleging that Cawley's barrister prejudiced Da Silva by jokingly referring to him as a "short plank" during trial discussions. Counsel for Cawley, Anthony Sammon SC, submitted that the trial judge improperly charged the jury regarding the onus of proof. The Court of Appeal, presided over by Mr Justice Seán Ryan with Ms Justice Mary Finlay Geoghegan and Mr Justice John Edwards, reserved judgment to a date as soon as possible. The matter was adjourned.