A landowner, who has allegedly prevented ESB contractors from cutting down trees that could cause power cuts, overturned a tractor while its driver was inside, it was claimed in the High Court.
Tom O’Shea, of Stellrose, Wheelam, Milltown, Newbridge, Co Kildare, had previously interfered with efforts to trim trees on land he owns in 2009. He was ultimately brought before the High Court for breaching undertakings not to do so.
On May 6th this year, the ESB attended lands he owns, over which the Cushaling-Newbridge 110kV overhead lines run, to start work on cutting back growth. It was taking this action under a statutory power it has to access lands with such lines. Mr O’Shea had been notified.
In a sworn statement for court, Stephen Mortimer, high voltage and cables central region project leader, said Mr O’Shea arrived later that morning and told them to leave. He said if they were not out in an hour, “I will pull down the line”, Mr Mortimer said.
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He headed back in the direction of his farmyard, returned and then got into his own tracked digger. He used the digger to tip over the tractor with the driver inside, he said.
Attempts to disable Mr O’Shea’s digger failed when he fought back, and two injured parties backed off, Mr Mortimer said. Mr O’Shea then locked his digger and walked back towards his home.
Gardaí were called and they later arrested Mr O’Shea, whose licensed firearm was seized by the Garda Armed Support Unit. The two injured parties were taken to hospital.
Two further attempts were made to access the land and on the last one, on June 18th, it emerged Mr O’Shea had locked a gate into the field, blocking access.
Mr Mortimer said an injunction was now required due to the defendant’s persistent refusal to allow access. The works are required to ensure the health and safety of anybody on the lands and to ensure critical maintenance planned for this season can be carried out, he said.
There are four lines on the land and there is a serious risk that the interference will lead to supply disruption to an extensive volume of customers, he said.
Two 110kV lines serve the greater eastern and midland region and another 38kV line serves around 18,000 customers.
There is a possibility thatcustomers could be left without power and there could be a severe impact on the national grid, he said.
On Wednesday, Mr Justice Brian Cregan granted permission to serve proceedings on Mr O’Shea following a one-side-only represented application by Stephen Dodd SC, for the ESB.
The judge said that given the urgency of the matter, it could come back before the court on Friday.
