Courts / Dublin / Report

'Grossly unfair' to jail company director over operation of illegal landfill that cost State over €60 million to clean up, defence say

Summary

The appeal of Tony Dean (70) of Woodhaven, Milltown, Dublin, who was found guilty of three charges relating to breaches of a waste management licence and environmental pollution at a site in Kerdiffstown, Naas, Co Kildare, between October 2003 and November 2008, is ongoing. Dean, who previously pleaded not guilty to the charges, was convicted by a jury at Dublin Circuit Criminal Court. The charges include two counts of disposing of or recovering waste at the facility in Kerdiffstown otherwise than in accordance with the waste licence, and a third charge of holding or recovering waste in a manner likely to cause environmental pollution. The prosecution case was that Dean was negligent rather than that he had connived or consented to commit the offences, which are contrary to the Waste Management Act, 1996. Dean has a previous conviction for recovery of waste without a licence relating to a site near Baltinglass, Co Wicklow, in 1998. The matter was adjourned by Judge Melanie Greally to January 30 next, pending further evidence regarding Dean's health and any scheduled heart surgery.

Who, what, where, when and why

What: Report matter: 'Grossly unfair' to jail company director over operation of illegal landfill that cost State over €60 million to clean up, defence say. Charges or matters: the three charges and the prosecution case was that he was negligent rather than that he had connived or consented to commit the offences, which are contrary to the Waste Management Act, 1996; a charge of recovery of waste without a licence relating to a site at Whitestown Quarry, near Baltinglass, between January 1st and May 1st in 1998; two charges that he, as then director of Nephin Trading Ltd, disposed of or undertook the recovery of waste at a facility in Kerdiffstown, Naas, Co Kildare otherwise than in accordance with the waste licence then in force, between October 2003 to September 2006 and, separately, between September 2006 and November 2008. Procedural stage: appeal. Findings: Found guilty

When:

• October 2003 Hearing Or Sentence
• November 2008 Hearing Or Sentence
• September 2006 Hearing Or Sentence
• June 2010 Hearing Or Sentence
• January 2011 Hearing Or Sentence
• January 30 Adjournment
• January 1st Incident
• May 1st Incident
• September 29, 2006 Incident
• 2003 and 2008 Other
• 2003 to 2007 Other
• 2011 to 2014 Other
• 2022-12-12 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report