Owner claims case was brought 'maliciously'
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THE owner of a rooster that was the cause of legal proceedings against neighbours claimed a case against his family was brought maliciously.
Anthony O'Sullivan told Dundalk District Court how he had bought his home in Mornington in 2001 and 'from day one, there was aggression shown to us' by his neighbours, the Keenans.
He claimed that a couple of months after they moved in, Mrs Keenan's son, Gerard, phoned the house and verbally abused them after their dogs made noise for a short time around midnight.
He admitted that Mrs Keenan was right when she said his dogs got into her yard, but he said there were six dogs, not ten, and they got through when a wall came down in a storm.
Mr O'Sullivan said they had fenced off part of the garden to keep the dogs away from Mrs Keenan's house, but that meant the rooster, a rescued animal, had to be on the side nearest to her house.
He claimed the rooster, which is kept in a garage with a hen, is only let out around 10am.
He admitted the rooster would crow for 'about ten to 15 minutes' when he got out and intermittently during the day, there would be 'a cock-adoodledo every couple of hours for five minutes'.
Solicitor for the O'Sullivans, Mr Cooney, said seven neighbours had signed a declaration saying they had no problems with the family.
Neighbour Denis Reynolds, whose house is at the back of Mrs Keenan's home, said he was a keen gardener who spent a lot of time outside and the O'Sullivans didn't bother him.
But Mr Reynolds admitted that he did hear the rooster 'a couple of times' when he was going to work shortly after 7.30am, even though it was claimed the cockerel is not let out until 10am.
Judge William Hamill said he didn't accept Mrs Keenan was being malicious in her claims.
He said he had heard 'diametrically opposed' evidence and he had to say 'someone has come into the witness box and said things that aren't true'.
He said there were a number of people who could help decide the credibility of the witnesses, including the Garda who dealt with the complaints about the O'Sullivans' dog and the workman whom the O'Sullivans claim Mrs Keenan told to cut down their trees.
Judge Hamill said: 'I want to appeal to these people (Keenans and O'Sullivans) that they have to live together and progress has to be made'.
