Courts / Kerry / Report
Inland Fisheries pursues case over alleged disturbance of Kerry spawning ground
Summary
Inland Fisheries Ireland (IFI) has been granted permission by the High Court to pursue a judicial review of a May 2025 decision by Killarney District Court Judge David Waters, who made no order in a case involving three men accused of injuring or disturbing spawning grounds by removing gravel from the bed of the Gaddagh River in Whitefield, Beaufort, Killarney. IFI contends that the summonses issued against the men were properly authorised, arguing that the agency or an authorised representative may apply for summonses on behalf of the Attorney General, the DPP, Garda Síochána or any statutory authorised person. The district judge had ruled that the solicitor who made the applications was not authorised to do so, leading to the dismissal of the prosecutions and costs awarded to IFI. IFI's legal team, led by Remy Farrell SC, maintains that the summonses were valid and that the judge exceeded his jurisdiction by questioning their validity.
Who, what, where, when and why
What: Report matter: Inland Fisheries pursues case over alleged disturbance of Kerry spawning ground. Procedural stage: sentence
When:
- May 2025 Hearing Or Sentence
- 2025-11-05 Publication
Why: The IFI also claims that because no order was made in the case at the District Court level that they had no right of appeal and had to apply for judicial review. CNI source report
Case subjects
Applicant
Outcome: Mr Farrell told judge Gearty that the alleged offence of removing stone from river beds disturbing wildlife carries a possible custodial sentence and that the matter was a "relatively serious" one.; Ms Justice Gearty granted leave for the review and adjourned the matter to December.
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