DPP appeal allowed over T.N. waste pollution acquittals

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The Court of Appeal allowed the DPP’s appeal against T.N.’s acquittals on waste charges in a judgment delivered by Mr Justice Birmingham on 29 January 2018.

T.N. had been acquitted by direction of the trial judge after a lengthy Circuit Court trial on 27 October 2015. The acquittals concerned two counts of holding or disposing of waste in a manner that caused or was likely to cause environmental pollution and six counts of disposing of or recovering waste otherwise than in accordance with a waste licence.

He had faced nine counts under the Waste Management Act 1996 relating to activities at Kerdiffstown, Naas, County Kildare, between 22 October 2003 and 25 November 2008. Six concerned alleged pollution through odours and a waste-licence condition; no evidence was offered on count four. The other three concerned waste accumulation and compliance with two licences.

The DPP sought to have the acquittals quashed and T.N. retried. The Court of Appeal held that the trial judge had erred by focusing on whether T.N. could direct the company’s entire affairs and decide corporate strategy. The question was whether he functioned as a senior manager with responsibility for a significant part of its activities and direct responsibility for the waste site.

The judgment dealt only with whether the directed acquittals were legally correct. The court said it would hear counsel on what further orders should follow.