by Eoghan Dalton
A former Fianna Fáil European election candidate has had a public order charge against him dismissed at a County Waterford court.
The contentious case, which has seen allegations that An Garda Síochána falsified statements and has caused a rift between it and the Courts Service, concluded yesterday with Judge Brian O'Shea ruling that Kieran Hartley of Ballyboy, Kilmacthomas, has no case to answer.
He was before a special sitting of Dungarvan District Court charged with a Section 6 offence on land adjacent to his property on August 15th 2020.
The case centred on the cutting of a hedge, which the court heard was part of an "ongoing" row involving neighbours.
While the defence had previously questioned the authenticity of the Garda statements provided for the case, Judge O'Shea ruled last month that they should stand as presented.
During Tuesday's sitting in Dungarvan, it was outlined that Mr Hartley, who previously served as substitute MEP for Brian Crowley before leaving Fianna Fáil in acrimonious circumstances, had become involved in a heated argument with his neighbours on August 15 2020.
Dispute
He was alleged to have told his neighbour Eleanor O'Connor to “f*ck off and go away” following her request that he stop cutting the hedge, which he had maintained was on his land.
She told the court that when she asked if he was going to send her a solicitor’s letter as he had done to others in the area, Mr Hartley had replied: "I’ll get you another way”.
Ms O’Connor also said Mr Hartley asked her if her mother had “ever tried to knock you down in a boreen” and if her father had “ever come at you with a chainsaw?" claiming that he appeared "crazy" in their interaction.
During a lengthy cross-examination by defence solicitor Frank Buttimer, Ms O'Connor's recollection of the sequence of events was criticised as being inconsistent, with the defence also alluding to a time-frame being altered on her statement to investigating Garda Thomas Daly without her initials of consent being evident on the statement, as required.
Ms O'Connor, who left the stand in distress, had her account of events echoed by her relative Roger O'Connor, who told the court that there "was no talking to" Mr Hartley during the row.
Sudden close
Judge O’Shea drew the hearing to a sudden close having decided that further witnesses would likely repeat what had been already heard.
Referring to the case as part of an ongoing dispute, he said that while the defendant's language was "unsavoury, it could not amount to a criminal offence", while he ruled that his threat to Ms O'Connor was open to both innocent and guilty interpretations.
He decided that the "benefit of the doubt" would go to the accused.
"Therefore there is no case to answer here," Judge O'Shea said, dismissing the State's case.
