Courts / Dublin / Report

Retrial directed for man acquitted on hazardous landfill charges

Summary

The Court of Appeal has ordered a retrial for an unnamed man who was previously acquitted on hazardous landfill charges. The acquittal, delivered by Judge Patrick McCarthy in 2015, was based on the man's alleged holding or disposing of waste in a manner that could cause environmental pollution and on his alleged failure to comply with a waste licence. The Director of Public Prosecutions appealed in January on a legal point under Section 23 of the Criminal Procedure Act 2010. The Court of Appeal, led by Judge George Birmingham, found the acquittal should be quashed and a retrial in the interests of justice. The case was remitted back to the Circuit Court for a new hearing on Monday. The court noted that the trial judge had focused on whether the man had the capacity to direct the company, whereas the real issue was whether he functioned as a senior manager with responsibility for the waste site.

Who, what, where, when and why

What: Report matter: Retrial directed for man acquitted on hazardous landfill charges. Procedural stage: appeal. Findings: Acquitted

When:

• 2018-06-20 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report