Courts / Dublin / Report
DPP seeks to overturn man's acquittal on hazardous landfill charges
Summary
The Director of Public Prosecutions has appealed to the Court of Appeal against a 2015 acquittal of an unnamed man on charges relating to the operation of a hazardous landfill site. The man was previously acquitted by Mr Justice Patrick McCarthy at Dublin Circuit Criminal Court of counts concerning the holding or disposal of waste causing environmental pollution and the recovery of waste without a license. The DPP moved to overturn the ruling on a point of law under Section 23 of the Criminal Procedure Act 2010, arguing the trial judge erred in narrowly interpreting the statutory definition of a company manager or officer. Counsel for the State, Alex Owens SC, submitted that the man acted as a de facto director, interfacing with the Environmental Protection Agency and holding himself out as a policy maker, and that the jury should have determined his managerial status. Conversely, defence counsel Bernard Condon SC maintained the man was merely a consultant paid through a company he and his wife owned, arguing the evidence did not establish a managerial position. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, heard the arguments and reserved its judgment. The matter remains pending and has not been concluded.
Who, what, where, when and why
What: Report matter: DPP seeks to overturn man's acquittal on hazardous landfill charges. Procedural stage: appeal
When:
- 2017-10-05 Publication
Places mentioned
- Dublin
- Dublin Circuit Criminal Court
- Court of Appeal
Topics
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