Silage accusation costs €20,000

A Co Roscommon farmer, who wrongly accused a part-time agricultural contractor of stealing half a bale of silage, was yesterday…

A Co Roscommon farmer, who wrongly accused a part-time agricultural contractor of stealing half a bale of silage, was yesterday ordered to pay €20,000 in damages.

Mr Joe Miley, Ballyglass, Knockcroghery, Co Roscommon, was also ordered to pay all legal costs after Judge Miriam Reynolds stated in Roscommon Circuit Court he had accused Mr Brendan Beirne (21), Sandfield, Knockcroghery, of a serious offence "on very flimsy evidence based on rumour, innuendo and gossip".

The case arose when Mr Miley, who was looking after his brother Mr Gerry Miley's farm on July 24th, 2000, claimed a bale of silage was missing after the field had been cut.

There should have been one more bale of silage in the field.

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Mr Miley went to the house of Mr Gerry Mulligan, Ballyglass, Knockcroghery, where he accosted his daughter, Áine, and accused the driver of the baler, Mr Beirne, of stealing the bale.

He accused Mr Mulligan of facilitating the theft of the bale.

In her judgment, Judge Reynolds said Mr Beirne's reputation had been grievously damaged in what was a small community as a result of Mr Miley's actions.

In a small community, she said, a person's good name is priceless, and the damage done could be incalculable.

Mr Miley, whom she described as a decent and honest man, unfortunately "put two and two together and had come up with five".

While half a bale of hay was not important, to be condemned in a small community meant there was no going back.

She also noted that the defendant had pleaded justification and had stood over his accusations.

Had he apologised at any stage following the incident, Judge Reynolds stated her belief that "we would not be here today."

Mr Beirne, who was aged 19 at the time, was not in a position to defend himself, she added, and his only redress was to come to her court.

Mr Beirne was awarded €7,000 in general damages, and €3,000 in aggravated damages.

In a separate action, which was heard simultaneously but treated separately, Judge Reynolds found there was no evidence that Mr Mulligan had facilitated any theft.

In awarding Mr Mulligan, €7,000 general damages and €3,000 in aggravated damages, she noted that Mr Mulligan was a married man with children.

He was grievously wronged by the allegation that he had facilitated the storage of the bale of hay.