Neighbours’ row over gravel on a laneway sees convictions overturned on appeal

By Darragh McCann, The Wicklow People

A father and son have had their theft convictions overturned following a long-running neighbour dispute over gravel on a rural laneway.

Michael O’Toole (28) and his father Martin O’Toole (61), both with an address in Newcastle, County Wicklow, appeared at Wicklow Circuit Criminal Court on a District Court appeal.

They had originally been convicted and fined €500 by Judge David Kennedy in November 2025.

The pair pleaded not guilty to one count of theft of gravel which belonged to a neighbour on a rural laneway.

Senior counsel for the pair, Maurice Coffey, told the court that the case is a dispute between neighbours, which his clients believed blocked a public right of way.

He stated that his clients were observed removing gravel using a large truck.

They informed Mr Coffey during a client meeting that on previous occasions the gravel was used communally, and that is why they were filling potholes, the court heard.

“It was ordered and paid for by a neighbour, but there is a history of the communal buying of gravel,” said Mr Coffey.

Gardaí became involved after a “heated discussion” between the O’Tooles and the owner of the gravel, Ed Power, and his wife.

Defence counsel informed the court that his clients were “blunt about it and probably didn’t help the situation”.

Michael and Martin faced other charges under the Public Order Act, but were only convicted of the theft, and it is now before the Circuit Criminal Court as a “rather trivial matter”.

Mr Coffey remarked that it is his belief that the standard of proof has not been met and the pair had no intention of depriving the owners of the gravel.

He added that he would not normally open a case like this, but just wanted to give the court a “flavour of the case”.

Judge Patrick Quinn told the court that he is not going to embark on a half-day hearing for a case like this.

“It’s a sad state of affairs, a silly neighbour dispute, and we are before the Circuit Court,” said Mr Coffey.

The delivery driver testified that he was directed to deliver 20 tonnes of stone to the laneway, which he had done on previous occasions for Mr Power. An invoice for the gravel was handed into the court.

During cross-examination, senior counsel for the defence argued that the gravel encroached onto the road, adding that it is not an easy job to carry out.

The driver remarked that it is not difficult and that he delivered it to the same spot as he has for the last 20 years.

Ms Power gave evidence that on February 9 she was in Woodies with her husband when they received a call informing them that the O’Tooles were removing gravel which belonged to Mr Power.

She remarked that Michael was “jumping around with a shovel” and shouting that he could continue to spread it if he wanted to, before “egging her on to get the police”.

The court was told that the complainant’s wife was “terrified” and that the intention of the gravel was for work on their own property.

Mr Coffey said that gravel was bought from time to time and said he had copies of correspondence between Michael and other neighbours arranging for the payment of gravel on a separate occasion.

Judge Patrick Quinn remarked that an apology and “more” is the minimum required to avoid a conviction.

In a letter read to the court from the father and son, they stated: “We apologise for the manner we behaved and we thank the court,” adding, “we regret the amount of time it has taken up”.

Defence counsel remarked that €200 was in court to repay the Powers for the proportion of the gravel. It was noted that the invoice does not state the full price as the VAT is missing.

Mr Power told the court that he would prefer the money to go to charity but is “worried about the future in general” and that he is afraid the O’Tooles’ behaviour will not “stop”.

Judge Quinn warned the pair, telling them that if they come before him again with any more “carry on” he will take a “very dim view of it”, before adding that “it is no way to behave”.

He granted both appeals, which leaves Michael and Martin without a conviction. The €200 was directed to be donated to St Vincent de Paul.

“You all have to live together,” said Judge Quinn.