After four years of legal battles, the Department of the Environment finally decided to withdraw their prosecution against two Ballycroy farmers for allowing their sheep to graze on designated land. One of those farmers, Michael Leneghan, speaks of the torment he has been through over the last four years
Anton McNulty
IT was a quintessential David versus Goliath battle. A small sheep farmer taking on the might of a Government Department in a legal battle which went all the way to the High Court and ended up in victory for the farmer.
For four years, Michael Leneghan from Ballycroy has been dragged in and out of court after the Department decided to prosecute him and another Ballycroy man, Patrick McHugh, in a ‘landmark’ case when eight of his sheep strayed from his land onto a Special Protected Area (SPA) in the Ballycroy National Park.
After winning the initial legal argument, the Department refused to concede defeat and brought the case to the High Court, who ordered it to be reheard in the District Court, before the Department finally threw in the towel.
An end of four years of hell is how Michael now feels but is bitter with the way the Department has treated him for the last four years and now he wants an apology from John Gormley, the now former Minister for the Environment.
“Mr Gormley has never apologised for the hell he has put us through. This was a test case, the first of its kind and it went on for four years. They knew I did not break the law and still Mr Gormley has not apologised for the pain he has put our family through,” said the thirty-eight-year-old farmer.
Located in the townland of Tarsaghaun Beg, Michael owns an 824 acre holding which mostly consists of mountain land and borders the National Park on three sides. His problems first arose when in 2006, he spoke out at public meetings in Ballycroy which were to discuss the SPA on the National Park and compensation to farmers.
His was a unique case because he has no commonage and under a EU birds directive, he cannot fence his holding and so cannot join REPS. He felt the alternative to join a Duchas Farm Plan was not viable for his farm and he opted out.
“[Under] the Duchas scheme I would have to bring the sheep down from the hill and hold them. That was not viable because I have about 20 acres of good land which is reduced to about seven in the winter due to flooding. How was I to keep 187 sheep on that? I would be before the court for cruelty,” he explained.
He went to Dublin to meet with Minister Mary Coughlan who was then in the Department of Agriculture and her officials to try and resolve the problem but to no avail. He believes his decision not to opt into a scheme resulted in him being ‘harassed’ and ‘bullied’ by the National Parks and Wildlife Service (NPWS), and feels that his sheep were taken unlawfully.
“The first letter came in 2006 around Christmas and since then I have got about 20 letters and phone calls saying that I will be prosecuted and put to jail. The rangers would make threats to us about breaking EU law. I have been harassed with helicopters constantly flying overhead and the officials would be walking along my land day and night. It was pure bullying.”
Michael denied that he was just being an awkward farmer and claimed he did his best to keep his sheep from trespassing. He recalls how on one bad evening he injured himself and damaged his quad when trying to keep his sheep down from the hill.
Michael feels that by bringing the prosecution against him in 2007, the department were trying to bring him ‘into line’ and allow their officials access to his land.
“They brought the case because they were not getting their own way and I was creating hassle for them.”
A prosecution could have brought with it the possibility of a maximum fine of €1,500 and or six months imprisonment but this threat was not Michael’s only worry - it was the considerable legal fee he would have to pay if he lost the case. He explained that he would have no option but to sell his farm to cover the hefty costs and believes the only buyers would be the NPWS.
“This case has been going on for four years.They brought the case, I had to challenge it and since then there has been eleven District Court appearances and one High Court appearance. They brought their barrister into the District Court after the first day because they knew things weren’t going their way. If I had lost this case, I would have faced jail because I would have had to pay their [Departments] costs and there was no way I would not have been able to pay it.”
Michael got married to his wife Margaret last May and he admitted that with the court cases hanging over them, it put a great deal of extra pressure on both of them. Just when they thought their worries were behind them, they received a further blow when the Department decided to appeal the decision to award him his costs.
“It was an awful shock to get that letter. They are still putting our lives on hold and leaving us with these potential legal costs to meet. They dropped the case on legal grounds and even admitted in court that the law was flawed and now they want me to pay the costs in a case I did not bring. It is a waste of tax payers money, do they not realise that they made a mistake and call a halt at that.”
Throughout his legal battles, Michael said he had the support of other farmers in the area but feels he was let down by the IFA who did not offer him any support or encouragement.
“The IFA refused to back us even though we pointed out this was flawed. They say now that they feel sorry for us but they told me if we were to take on the government we would be on our own. They are supposed to look out for the welfare of all farmers but they didn’t want to be part of a losing team, which they thought they would.”
Michael’s dealing with the NPWS has left a bitter taste in his mouth and says their presence in Ballycroy and the way they dictate to farmers is worse than any landlord. He described the new visitors centre in the middle of the village as a ‘white elephant’ and said that he has never ‘stepped foot in that building and I have no intention of either’.
The publicity the case has brought has resulted in other farmers from Connemara and Kerry with similar problems contacting him seeking advice.
The latest revelation that the Department will not let the case go has disappointed both Michael and Margaret who just want to get on with their new life together. However, they are both adamant they will not bow to pressure and feel they could be in for the long haul.
“We are left with no choice but to keep fighting this battle. We don’t know where it will end and probably will in all likelihood end up in Europe. It was a test case, the first of its kind in Ireland. It will probably end up as a test case in the courts in Europe and will be more taxpayers money wasted. This case will shortly run into millions - all over eight sheep. What a waste”.
