‘Keep the peace’ orders over Omagh land dispute revoked

THREE victims of an assault linked to a land dispute outside Omagh have successfully overturned a court order requiring them to ‘keep the peace’.

Joanne, Adrian and Grace Cathers, of Drumnakilly Road, had appealed the binding over order imposed by District Judge Ted Magill in June, following the sentencing of Richard Hawkes.

Hawkes pleaded guilty to assaulting the Cathers on May 3, 2024, after attempting to access a field he claimed ownership of. Video evidence played in court showed him using his tractor to push against a gate while the three stood just behind it.

Although Hawkes was fined, Judge Magill extended the order to all parties, saying he was ‘not happy’ with their conduct.

However, during the recent appeal hearing, barrister Craig Patton, representing the Cathers, said that the family had ‘no opportunity’ to say anything against the orders when they were imposed.

He said that the trio had attended as prosecution witnesses for the contested hearing before Hawkes made his plea, however they stayed to witness the sentencing.

Mr Patton said that, as witnesses, the Cathers were not given an opportunity to say anything against the order, describing the imposition has ‘disproportionate’.

Judge Martina Connolly KC said that Judge Magill was ‘perfectly entitled’ to impose the order, citing him as ‘one of the most experienced’ judges in the district. However she said that the Cathers were given ‘no forewarning’ of the order and had ‘no opportunity’ to make their own submissions in defence.

The appeal was granted and the binding over orders were revoked in respect of all three.