Joseph and Seosamh McGonigle warned over windfarm obstruction
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
Joseph McGonigle and his son Seosamh McGonigle were warned by the High Court on 31 January 2020 that they faced jail and machinery seizure if they persisted in obstructing a windfarm access route. The dispute concerns access to a construction site at Glackmore, Co Donegal.
Ms Justice Leonie Reynolds ordered them to remove a tractor and mobile home from an alternative access route and warned that further breaches of court orders could result in their imprisonment. She said machinery seizure was also being contemplated. The pair had until Sunday afternoon to remove the blockage; otherwise the plaintiffs could remove the vehicles themselves. The judge adjourned the matter for a week.
Eoghan Cole BL, for the plaintiffs, said the alternative route had to be kept clear under health and safety requirements and that the McGonigles’ actions meant turbine lorries could not reach the site. The judge said the latest incident gave rise to health and safety concerns.
Cole said Joseph McGonigle had denied wrongdoing and causing a blockage, and had said he would remove the tractor. Counsel said McGonigle claimed the tractor overturned while he was moving the mobile home and that he was injured.
The court had granted an injunction late the previous year after allegations that the McGonigles blocked the access route with a digger and dug up part of the roadway. The court later ordered the roadway restored. The McGonigles claim their family owns the land used for access and allege trespass, breaches of property rights, harassment and intimidation; those claims are denied.