26 May 2022

Defendant accused of illegal dumping in Manorhamilton given a chance

Defendant accused of illegal dumping in Manorhamilton given a chance

Cases before Manorhamilton District Court were heard in The Glens Centre.

A case brought against Thomas Feely, 19 Clonkeen Park, Manorhamilton under the litter act was adjourned until December 12 with Judge Kevin P Kilrane stating if €775 is paid by that date the charges against the defendant will be struck out.

Solicitor for Leitrim County Council, Frank Gearty, told last week’s sitting of Manorhamilton District Court that a report of dumping at Dooa Mountain was received on December 12, 2017.

The Court heard there was a considerable dump at the location although Mr Gearty said, “Not all was Mr Feely’s waste. Some was historic.”

Mr Gearty stated, “The Council were concerned about the costs involved in cleaning. Mr Feely cleaned up and took away his waste and it was properly and lawfully disposed of.”

Mr Gearty said the total legal costs faced by Leitrim County Council as a result of the case against Mr Feely amounted to €1,550 with Mr Gearty adding, “He has co-operated and took away his own rubbish.”

Addressing the Court defending solicitor Kieran Ryan said there were “Many elements of mitigation.”

Mr Ryan explained the defendant has an account with Barna Waste and “He brings his recycling material to be disposed of for which he produced receipts.”

Mr Ryan added that the defendant paid another individual €30 to remove the items and gave him tickets to have them disposed of in the recycling centre in Manorhamilton.

“I don’t think he would be here if he wasn’t co-operative. It would have been very difficult to bring a case against him,” without his co-operation.

“Given the overall circumstances it is not a fly by night situation. He was a concerned citizen and was dealing with things properly but didn’t on this occasion,” said Mr Ryan.

Having heard the evidence Judge Kilrane referred to the aggravating circumstances saying, “He engaged some local character who would get rid of the waste. This character, whoever he was, took the waste, took the €30 and disposed of the rubbish on top of a mountain. This has to stop.

“This type of thing simply cannot be tolerated. Prosecutions of this nature are taken very seriously.”

Referring to the pictures he was shown Judge Kilrane said, “There was a large paint tin, a lot of plastic, non-degradable items that will either blow away or be left there for years upon years.”

Outlining the mitigating circumstances Judge Kilrane said, “He is 67-years-old and this is his first time in Court.”

Judge Kilrane also referred to the fact that there are no further allegations against the defendant, the fact that it was somebody else who disposed of the waste and that Mr Feely cleaned up and disposed of the waste.

Concluding matters Judge Kilrane said, “I am of a mind to leave him without a conviction if half the legal costs are paid.”

Judge Kilrane adjourned the case until December 12 for the payment of €775, indicating that all charges will be struck out if the sum is paid.

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