Limerick dumping case may have consequences for all but dumper

Kilmallock District Court

A PROSECUTION involving illegal dumping is likely to cause legal and financial woes to everyone involved, except the person who did the dumping, a court heard.

Desmond O’Brien, the former owner of land at Ardkilmartin in Kilmallock, was before the courts on charges of illegal dumping on his land.

The court heard from Robin Lee, his solicitor, that Mr O’Brien had not carried out the dumping, which was accepted by the local authority, but because the dumping was on his land, he was responsible.

Mr Lee said the land had been sold and now belongs to a third party, so Mr O’Brien has no right to go on to the land and clear the dumped materials.

Prosecuting for Limerick City and County Council, solicitor William Leahy said he wanted the matter dealt with by the court.

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Judge Patricia Harney said that she would “have to hear sworn evidence in this matter”, despite Mr Leahy seeking a decision.

“The facts are that I could end up fining your client, Mr Lee, and then there would be a prosecution issued against the new landowner,” she said.

“He is not in court and I would have to hear witness evidence if I’m to make a ruling”.

Mr Leahy said that he “would not want to fine the new owner, I just want the waste gone”.

Judge Harney said she would “focus everyone’s mind” and adjourned the matter to May 21 for hearing if there is no resolution by that date.