Courts / Dublin / Report

Appeal court overturns man's acquittal on waste charges

Summary

The Court of Appeal overturned a 2015 acquittal of an unnamed man charged with operating a hazardous landfill. The DPP appealed on a legal point under Section 23 of the Criminal Procedure Act 2010, arguing the man was a manager of the company that ran the landfill. Counsel for the DPP, Alex Owens SC, presented documents showing the man acted as a director, wrote letters on behalf of the company, and interfaced with the Environmental Protection Agency, claiming he had managerial capacity. The man's counsel, Bernard Condon SC, maintained he was merely a consultant and that the trial judge had incorrectly focused on whether he held a top executive role. Justice George Birmingham ruled the trial judge erred by not considering whether the man functioned as a senior manager with responsibility for the waste site. The Court will decide on a retrial at a later date. The unnamed man was acquitted.

Who, what, where, when and why

What: Report matter: Appeal court overturns man's acquittal on waste charges. Procedural stage: appeal. Findings: Acquitted

When:

• 2018-01-29 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report