Landowner tipped over ESB tractor with driver inside to stop tree trimming
High Court Reporters
A landowner, who has allegedly prevented ESB contractors from cutting down trees and other growth which could cause major blackouts, overturned a tractor using a saw with the driver inside, it was claimed in the High Court.
Tom O'Shea, Stellrose, Wheelam, Milltown, Newbridge, Co Kildare, had previously, in 2009, interfered with efforts to trim trees on land he owns and ultimately was brought before the High Court for breaching undertakings not to do so.
On May 6th last, the ESB attended lands he owns, over which the Cushaling-Newbridge 110kv overhead lines run, to start work on cut back growth under a statutory power it has to access lands with such lines and after notifying Mr O'Shea.
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.
He headed back in the direction of his farmyard, returned and then got into his own tracked digger and used it to tip over the tractor with the saw on its side with the driver inside, he said.
Attempts to disable his 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 him with the Garda Armed Support Unit seizing his licensed firearm. 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, Mr O'Shea had locked a gate into the field, and everywhere was blocked.
Mr Mortimer said an injunction was now required due to the defendant's persistent and continued 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 disruption of continuity of supply to an extensive volume of customers, he said.
Two 110kV lines serve the greater eastern and midland region, and another 38kV line which serves around 18,000 customers. There is a potential that these customers 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.
