A 60-year-old farmer has been accused of driving his tractor at an elderly man who was farming on land which he previously lost in a bitter divorce.
Patrick Donnelly, of Old Junction Road, Irvinestown, was accused of using a tractor grabber to remove a gate and driving at speed through a field to where the old-age pensioner and his son were standing.
He faces nine charges including criminal damage to a gate belonging to Mary Donnelly and a cattle trailer belonging to Colm McQuaid, as well as two counts of common assault, driving when unfit through drink or drugs, driving while disqualified, criminal damage endangering life, attempted grievous bodily harm and driving with excess alcohol in breath.
He was previously jailed last August for ramming two cars with his digger after prospective buyers went to view the land which his ex-wife was selling.
A constable told the court that last Tuesday, at about 12 noon, 82-year-old Eugene McQuaid and his son Colm were farming on land in Irvinestown which is owned by the defendant’s ex-wife Mary Donnelly.
The court heard that Donnelly previously owned the land which was the subject of a bitter dispute.
Eugene had been standing beside his Land Rover when he heard the tractor coming at speed and at a high rev with a grabber attached to the front.
It is believed he gained access to the field by lifting the gate off with the tractor grabber.
The tractor was driving through the field in his direction. The tractor was still driving at speed when he allegedly drove at the elderly man, however he moved out of the way and the tractor penetrated the Land Rover.
It was then claimed that Donnelly chased Colm McQuaid around the field in the tractor before colliding with his cattle trailer causing it to go over on its side.
Donnelly was then accused of getting out of the tractor and squaring up to him while clenching his fists and challenging him to a fight. He is then accused of hitting Eugene McQuaid to the chest before getting back into the tractor and leaving.
At around 2.20pm, officers called to his home. They claimed he smelled of drink and he was taken to Enniskillen police station where he gave a reading of 69mg in breath, nearly double the legal limit.
The court was told that he is a banned driver and that the only way for him to get from the scene to his home address is by a public road.
Donnelly denied the offences during police interview.
He was released on bail last Wednesday, however was back in court on Monday to face an allegation he breached his bail conditions.
A PSNI constable told the court that the defendant was in the Central Bar in Irvinestown on Sunday where he was found to be drinking, despite being banned from taking alcohol.
Officers conducted a test and found that he had 111mg of alcohol in his breath.
District Judge Nigel Broderick queried how officers became aware that he was in the bar and the court heard that someone contacted police and reported he was drinking in the bar.
A defence solicitor Tommy Owens stated that Donnelly admitted to consuming alcohol adding that he has a drink problem.
“He went to get something to eat and fell off the wagon”
However, District Judge Nigel Broderick stated that the last place he should be going for food is a bar.
The court also heard that he has outstanding fines but his solicitor added that he is currently selling four of his 65 acre-land.
“You are clearly someone who struggles with an alcohol addiction. A complete prohibition is setting you up to fail.”
He amended his bail conditions in which he is banned from drinking in a public place and is not to have a reading above 50mg and is to adhere to a curfew between 10pm and 7am.
He was released on his own bail of £750 and is to appear in court on October 14.
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Posted: 10:00 am September 26, 2015