REACTION: BOTH SIDES in the dispute between RTÉ broadcaster Pat Kenny and his neighbour Gerard Charlton emerged from the court on Church Street yesterday looking triumphant.
The legal action between the Kennys and the Charltons over the ownership of lands near their Dalkey, Co Dublin homes was settled following mediation at the weekend by Rory Brady SC, the High Court heard yesterday.
"We have bought out Mr Charlton's claim to Gorse Hill and there is no doubt whatsoever about the ownership of the property today," Mr Kenny confirmed.
However, he was unable to say how much money was paid for the quarter-acre of scrubland, which has been valued at up to €2 million. "You are probably curious about the settlement but we can't talk about that as there are terms of confidentiality."
Both sides agreed to pay their own legal costs, he said.
Pat and Kathy Kenny were keen to stress that their side of the case had not been heard in open court. "You have only heard the assertions on one side of this dispute which has provided some very dramatic headlines for you, but which would have been utterly rebutted by us had it to come to a full hearing," he told reporters.
"In the interests of getting on with life and looking at something that might have run on for weeks, we forsook our day in court to give our side of story."
Mr Kenny stressed that from the outset they thought the case "belonged not in the expensive environs of the High Court but in the reasonable surroundings of the Circuit Court where it would have been dispatched expeditiously. Instead, we had a long-drawn-out process."
He thanked Ms Justice Maureen Harding Clark for her wisdom in suggesting mediation. "We wish that the mediation had taken place much much earlier," he said.
Gerard and Maeve Charlton emerged arm-in-arm from the court. They said they were "very happy with the outcome".
Both couples sat separately in the gallery of the packed courtroom and emerged separately on to the street.
"We will have civil discourse with the Charltons where it arises and we hope that our neighbourly relations will resume in a civilised way." This was not a "David and Goliath battle", Mr Kenny said. "It was a dispute between us and a neighbour who is a successful and experienced solicitor and is the owner of properties."
He added that his neighbour's depiction of their friendship in court, that Mr Charlton would leave his door open and that people like him would drop by, was "a little bit fanciful".
Gorse Hill will continue to be maintained as a wildlife sanctuary, Mr Kenny said. He said they were delighted it was over and hoped their children "can return to the normal life that they enjoyed before the dispute began".
Mr Kenny thanked family and friends for their support, "things like providing meals in times we should have been there for our children but couldn't because of this," he said. "The entire episode has been deeply distressing for all of us and more than anything we want to put it behind us."
