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Turf cutters in bid to stop trial

Summary

Two men, John O'Connor and Christopher McCarthy, charged with unauthorised turf cutting from Moanveanlagh Bog in Co Kerry, have filed High Court applications to halt their trial. They argue the charges are unconstitutional and lack proportionality, claiming the offence was created by the Minister for Arts, Heritage and the Gaeltacht in 2011 without proper authority. The men, both from Kilbaha Moyvane, face prosecution for extracting peat that allegedly damaged the Special Area of Conservation. Their case is against the Director of Public Prosecutions, the Circuit Court Judge, the Minister, and the Attorney General. The High Court granted leave to bring the action and placed a stay on the prosecution, with the matter to be returned for a hearing in late April. Luke "Ming" Flanagan, an Independent TD and spokesperson for the Irish Turf Cutters and Contractors Association, supported the men's action. The offence could carry up to three years' imprisonment or a fine of up to €500,000.

Who, what, where, when and why

What: Report matter: Turf cutters in bid to stop trial. Charges or matters: extracting peat from the bog which significantly or adversely affected the integrity of the site. Procedural stage: charge_or_pretrial

When:

• September 2011 Incident
• 2014-03-10 Publication

Why: Counsel said this is because the creation of the offence was not necessary for the purpose of giving full effect to the Directive on the conservation of habitats, wild flora and fauna in order to transcribe it into Irish law. CNI source report

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

Read the original CNI report