Elderly doctor given one year sentence over dispute with neighbours in Laois

An elderly female doctor was given a one year jail sentence for damaging her neighbours property. 

Dr Annette Brennnan, 74, with an address at Graigueaverne House, Graigueaverne, Ballybrittas cut down 26 fence posts with a chainsaw at Lake Road, Ballybrittas on February 18, 2021. 

She was convicted of a second count of causing criminal damage to the foundations of a property with a pick axe at Lake Road in Ballybrittas on March 7, 2021. 

At a sitting of Portlaoise District Court, Judge Andrew Cody asked if the defendant had brought any compensation and whether she would allow the ESB onto her property to connect a couple who had purchased land from her. 

Solicitor Josephine Fitzpatrick said her client didn’t have any compensation for the court.

The neighbour confirmed the ESB had called out to his property but the defendant wouldn’t allow them access. 

Judge Cody said the couple are unable to move into their home because they haven’t been  connected by the ESB.

Judge Cody said when the case was heard he observed the defendant mumbling something in court. When he later asked gardai what she had said they informed him the defendant had said, “you can go stuff yourself’’.

“Clearly again today she is telling the court, you can go stuff yourself,” said Judge Cody. 

Judge Cody then remanded the defendant in custody for a week to think about her difficult and “truculent” attitude. 

He said he planned to give her six months for each of the criminal damage charges to run consecutive to one another, meaning a one year sentence in total when the case returned the next week.

However, Ms Fitzpatrick expressed her belief that the defendant’s attitude wouldn’t change. She urged the Judge to finalise the case. Judge Cody agreed to finalise the case. 

Ms Fitzpatrick said her client had no previous convictions. She suggested a probation report for the woman who she said has “an otherwise exemplary record” and was due to attend medical appointments for some health issues. She reminded the Judge of the damage to the fence and said “proportionality” must be considered. 

Judge Cody said the woman was putting her own health at jeopardy. He said if she wanted to be belligerent and difficult, he could be equally belligerent and difficult.  Judge Cody said the woman sold the site to the couple and was now refusing to allow the ESB connect their new home.

“We are simply dealing with the criminal damage,” Ms Fitzpatrick said.  

“She cut down a fence with a chainsaw,” said Judge Cody. 

“She was 100 percent wrong to do what she did,” he added. 

Judge Cody said an engineer was hired to inspect the fencing and found that the defendant was in the wrong. 

He said the woman also came out with a pick axe and hacked at the foundations of their property. As next door neighbours, Judge Cody said he would like to see them live in peace. 

Judge Cody said he had given the defendant an opportunity to reflect on her actions.

“This young couple can’t move into their home because the pole for the ESB is on her land,” he said. 

He said the defendant was refusing to accept the findings of the court. He said the couple had paid her tens of thousands of euro for the land. 

“She is not prepared to facilitate in any way these people she has terrorised,” he remarked.  

Judge Cody sentenced the woman to six months on each charge to run consecutively. He fixed recognisance in case of appeal at €2,000 with €1,000 to be lodged in cash. 

Ms Fitzpatrick said her client was in receipt of €174 allowance a week. 

“She must have some of the €100,000 she got for the site left over,” said Judge Cody as he refused to change the conditions. 

Shortly after the defendant went into custody, Ms Fitzpatrick lodged papers for an appeal of the sentence.