A FARMER who failed to stop his sheep from wandering onto the public road has been convicted and fined for the offence.

James O’Driscoll (47) of Gearhies, Bantry pleaded guilty at Bantry District Court for allowing ‘a beast to wander’  and driving without insurance on March 14th 2025.

While dealing with the incident, gardaí noticed that his vehicle an 08 vehicle was not insured and defective​ and they seized it.

Flor Murphy, solicitor, explained that his client, who has no previous convictions, is insured to drive the family’s 09 vehicle, but, on this occasion, he failed to transfer the insurance to the garage car.

Court presenter Sgt Tom Mulcahy said a property owner phoned the gardaí at about 8pm on March 14th after about 10 sheep wandered onto his front lawn at Fahane in Gearhies.

Sgt Mulcahy said that when the gardaí arrived back at the scene, after calling to the farmer’s home, the sheep had gone into another field, and some were on the roadway.

In mitigation Mr Murphy pointed out that commonage is exempt from fencing unless all parties agree.

The accused gave evidence that three other flocks of sheep, owned by three other farmers, are in the area and it is not always his sheep that wander onto the road.

Mr O’Driscoll made that comment after Gda Batt Duggan said that two years ago he had been inundated with calls about this issue.

The solicitor told Judge Joanne Carroll that dogs had been chasing sheep on the mountain, causing them to scatter, and that the owner of the dogs has since had them rehomed.

Judge Carroll pointed out that the law states that animals cannot wander on the public highway.

‘If he chooses to graze them on commonage he has to do what he can to prevent them coming onto the road,’ she said.

Gda Duggan pointed out that the​ accused owns fields below the commonage and he suggested that if these fields were properly fenced it would stop sheep getting onto the road, and into people’s gardens.

Mr Murphy explained that part of the commonage has a public road running through it, but he reminded the judge that his client had entered a guilty plea to the offence.

Judge Carroll convicted and fined Mr O’Driscoll €300 for allowing a beast to wander and €200 for driving without insurance.

Recognisances in the event of an appeal was fixed.

Funded by the Courts Reporting Scheme.