A CASE involving an Achill sheep farmer who is accused of threatening and abusive behaviour towards a tourist was adjourned to determine if the commonage on the Keel Sandybanks comes under the definition of a public place.
The incident occurred on October 26 last on the Keel Sandybanks when Madeline Carroll of Naas, Co Kildare accused Martin Calvey of Keel, Achill of abusing her while she was walking her dog on the Sandybanks. Mrs Carroll claimed that Mr Calvey called her a ‘tramp’, ‘riffraff’ and that ‘tourists were not wanted here’ but in a statement to Gardaí, Mr Calvey said her Labrador dog was chasing his sheep.
The case was adjourned after Mr Thomas Walsh, solicitor for Mr Calvey asked for a definition of a public place and claimed the Sandybanks was not a public place because it was owned by the commonage shareholders. The court heard that the Sandybanks was part of the Achill Mission Estate which had 557 shareholders, and was used by between 15 and 20 farmers for their sheep to graze.
In the case, Mrs Carroll said she was on holiday in Keel and on this occasion she was walking near Keel lake at approximately 12.45pm when she described a jeep and a trailer ‘bombing’ in behind her. She said the driver started shouting at her and calling her names and continued to follow her.
She explained that she got panicky and phoned her husband who came in his jeep and she drove it home. She said the driver of the jeep parked opposite their home and he stared across at her when she was in the garden with her children.
Under questioning from Mr Walsh, Mrs Carroll said her dog was not on a lead because there was no sheep on the Sandybanks and claimed the suggestion that it was chasing sheep was a ‘total barefaced lie’.
When it was put to her that Mr Calvey only requested her to deal with her dog, she replied, ‘He did not request, he shouted abuse at me from one end of the field to the other’.
When asked what permission she had to be on the commonage, Mrs Carroll said she had been walking on the land for years and everyone walked on it.
Mr Paul Carroll, husband of Madeline Carroll said his wife was in tears and he told her to go home before going towards Mr Calvey. He said he asked him why he was harassing a woman but he claimed he only stared ahead and said ‘I have nothing to say to you’. Mr Carroll said he called him a ‘coward’ and a ‘bully’ for abusing a woman.
He said he told his wife to call the Gardaí when Mr Calvey parked outside their home and claimed she was terrified and distraught by what happened.
Mr Carroll denied the claim put to him by Mr Walsh that he told Mr Calvey that he had ‘terrorised the golf club and its members’. He added that he was from the Curragh in Kildare which he said was also commonage and was used all the time by different people.
Garda Sergeant Austin Moran who investigated the incident said he received a complaint from Mr and Mrs Carroll at 1.10pm and within five minutes had received a complaint from Mr Calvey regarding the same incident.
In the statement Mr Calvey stated that he was herding sheep when he saw a dog pursuing sheep and up to 100 sheep were stampeding across the road. He said he asked the lady if it was her dog but got no reply and she made no effort to call back her dog. He said when her husband came he claimed he took the keys from his ignition and threw them into the back seat. Mr Carroll denied this incident happened.
Sgt Moran added that in his opinion the Sandybanks was a public place which was used by the public.
Judge Mary Devins said she would like to explore the issue whether commonage is a public place which she said may be useful in the future in Achill. She adjourned the case until July 8.
