'Proportionate force allowed': Charges dismissed against landlord and son

A Kerry landlord and his son at the centre of a case that attracted “an amount of invidious comment” had all charges against them dismissed today by a judge who commented that young people residing in the house at the time were themselves trespassing and not paying any rent.

Judge Marian O’Leary said a property owner was allowed to use ‘proportionate force’ to remove a trespasser.

The defence claimed that people present in the house in Cork city were squatting.

62-year-old Daniel Lynch from Moanmore, Castleisland, County Kerry, and his son, 32-year-old Donal Lynch of the same address, had all charges against them dismissed following a defence application at the close of the prosecution case.

Both men always denied the three charges: assaulting George Pendle; attempting to commit theft, namely Mr Pendle’s phone; and trespassing with intent to commit theft at the property. 

Daniel Lynch denied the additional charge of assaulting Olivia Lehane by allegedly putting his hand on her arm during the disputed incident.

Judge Marian O’Leary said, “I want to make it quite clear, this is not a landlord and tenant issue, this is a criminal prosecution.”

Five people living at house

Regarding the five people living at the house at the relevant time, June, July and part of August, 2022, only one of them ever had a lease and that expired in May last year and she did not pay any rent during the June to August period. 

The judge noted that she claimed she had an agreement with the estate agent representing the landlord to bring four people into the property for the summer but this was disputed and the judge also noted that when the estate agent left messages for her he received no replies.

Judge O’Leary said today, “It is noted one of the young men was approached by the estate agent and the man said to call the following day that he would pay him the rent but when he did return the particular male had gone and his room was empty.

“Having regard to evidence before the court there is no implied lease or letting agreement in place.

“Of the four people who were residing on the property with (the student who had the earlier lease ending in May) they entered the property without consent and did not pay any rent. As a consequence of their actions they were trespassers on the property and the owners were entitled to enter the property and ask the trespassers to vacate immediately.

“A person is allowed to use proportionate force to remove trespassers from their property.” 

In that context, the judge said the state in their prosecution of the landlord and his son had not reached the threshold to prove they were trespassers.

Charges dismissed 

On assault charges, the judge said that having heard the complainants’ evidence and the memo of the garda interview with the two defendants, the judge said she had a reasonable doubt and dismissed the remaining assault charges.

After all charges were dismissed, defence solicitor, Joseph Cuddigan, said, “I would like to thank you for the length of time the court has given over to this case. On behalf of my clients, they were subject to quite an amount of invidious comment when this matter came before the court initially, particularly in the media in Kerry. And ‘landlord’ in Kerry still has certain connotations in the post-1847 era and my clients suffered because of that.” 

Judge O’Leary repeated, “As I said, this is not a landlord and tenant matter.”

The defence alleged that students staying in the house in Cork that summer were “milking the situation and freeloading” but the evidence from the students was that they were willing to pay the rent. 

One of them – Mr Pendle - claimed he was pulled out of bed by his ankles while wearing nothing but his jocks and put out by the landlord and his son. 

The counter-allegation was that the young man kicked 62-year-old Daniel Lynch with both feet into the chest and only then was he physically removed from the house.

The solicitor submitted that the letting agent informed the landlord that people had been living in the house for the summer without paying rent and that they were either gone or had their bags packed to go. 

He said Daniel and Donal Lynch went to the house that morning not expecting to find anyone there.

“The fact that there are people in that house does not mean they are entitled to be there. If they (students) are not entitled to be there then the Lynch’s cannot be regarded as trespassers,” the solicitor said. 

He reminded the judge that the letting agent agreed under cross-examination with the description of the people staying at the house as ‘squatters’.

The landlord and his son denied charges against them in relation to disputed events at 8 am on August 11 2022 when they went to the property Daniel Lynch owned at Nursery View, Glasheen Road, Cork. Donal Lynch told gardaí he only intervened to defend his father.