Farmer says life turned ‘upside down' by farm ban while on bail
By Gordon Deegan
A south Co. Galway farmer has told a judge that his life has been turned upside down over his bail ban from Gort and his farm near there.
At Gort District Court, Gerard Nestor (60) told Judge Alec Gabbett that he is completely innocent of the charges before the court.
Judge Gabbett told Nestor that he is facing an awful lot of charge sheets, including one where Nestor is effectively accused of using a JCB as a weapon in a dispute over a wall with another landowner.
In two of the charges before the court, Nestor, of Dun Na Mara Drive, Renmore, Galway and College Road, Galway, is charged with the criminal damage of a block wall belonging to John O'Donoghue on dates between November 20 and November 21, and on November 6 last, at Bunasrah, Ennis Road, Gort.
Judge Gabbett said previously that the level of damage to the wall is quite serious and said that it is alleged that it was knocked down twice.
Sgt. Claire Henaghan previously told the court that the value of the wall could be around €20,000.
Judge Gabbett said that Gardaí have received partial directions from the DPP (Director of Public Prosecutions) with full directions awaited.
In court, Nestor told Judge Gabbett: 'In these circumstances where I am innocent until proven guilty, I should be allowed to go to my hometown of Gort where most of my family still live, where my parents and brother are buried, and I have a farm with animals, and I have not been able to set foot on for six months.'
He said: 'The Gardaí have time and time again delayed, delayed and delayed, and here is another example of it to try to keep me out of Gort and out of my farm.'
Judge Gabbett said that there are 'particularly serious allegations here as far as I am concerned including one where he is effectively accused of using a JCB as a weapon'.
Judge Gabbett said: 'Mr. Nestor has been very good on his bail and there has been no application to revoke the bail conditions. I appreciate it is very onerous and I am not inclined to relax the conditions until we have DPP directions.'
Nestor said: 'I have been accused of some very serious criminal damage and this is completely false and I have no doubt that I will be proven innocent in time. But in the meantime, my life has been turned completely upside down.'
Judge Gabbett said: 'This is ultimately about a wall and does the wall belong to Mr. O'Donoghue or belong to you?'
Nestor said: 'The wall was put there by Mr. O'Donoghue on my land and there is no question that it is my land.'
'There are two sheds on the boundary and Mr. O'Donoghue decided to knock a wall and put a new doorway from his shed into my field.'
Judge Gabbett said that he is adjourning the case to June 26 on a peremptory basis, which means that if DPP directions are not before the court, Judge Gabbett may strike out the charges.
Nestor told Judge Gabbett that he has been very fair. He told him: 'I am depending on you for justice.'
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