Courts / Kerry / Report

Kerry man brings appeal aimed at halting prosecution for cutting turf on protected bog

Summary

John O'Connor (53) and Christopher McCarthy (29) of Kilbaha, Moyvane, Co Kerry, are charged with unauthorised turf‑cutting on Moanveanlagh Bog, a designated Special Area of Conservation outside Listowel. They face a maximum sentence of three years' imprisonment or a fine up to €500,000. The offence was created by ministerial regulations transposing the European Communities (Birds and Natural Habitats) Regulations 2011 into Irish law. O'Connor's appeal, represented by Michael Lynn SC, argues that the Minister acted outside his powers and that criminal sanctions should arise only from primary legislation, not ministerial orders. Counsel for the State, Conor Power SC, countered that the Habitats Directive imposes a positive obligation on the State to take measures to conserve such sites. The Court of Appeal, presided over by Justice Garrett Sheehan, will decide the appeal after dismissing the men's earlier High Court case in 2015.

Who, what, where, when and why

What: Report matter: Kerry man brings appeal aimed at halting prosecution for cutting turf on protected bog. Charges or matters: unauthorised turf-cutting on a designated area of conservation. Procedural stage: appeal

When:

• September 2011 Incident
• August 2015 Hearing Or Sentence
• 1997 and 1999 Other
• 2017-01-19 Publication

Why: Unless the offence is within the principles and policies of the Habitats Directive, it must be done by way of primary legislation and not by way of Ministerial legislation, Mr Lynn submitted, because there must be Parliamentary scrutiny. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Related court reports

• Mobile evidence points to innocence of Ballyseedy meth haul accused, court told
• 'Highly naïve' money mule who self-reported to gardai avoids jail
• Unsuccesful Dail candidate too late to challenge election result
• Failed GE candidate wants result in Kerry set aside over alleged 'torn out' ballots
• Care worker who had job terminated after saying she planned to quit wins €6k for unfair dismissal
• Ballyseedy CEO gets 12 years as court finds he was 'committed to and invested in' €32m drugs venture linked to Sinaloa Cartel

Read the original CNI report