Waste permit breaches cost €4,400

THE operator of a plastic recycling business complained that Cork County Council had discriminated against him.

And it was further claimed in Cork District Court that environmental inspectors had blackened the waste operator’s name in court.

However, Bernard O’Brien was convicted of breaches and fined €2,400 yesterday. He was also ordered to pay over €2,000 in costs.

Judge Leo Malone said of Mr O’Brien, who operates a recycling business at Ballinvrinsig, Waterfall, Co Cork: “This is entirely the result of his own making.

“There has been evidence of evasiveness on the part of his employees,” the judge added. “Mr O’Brien neglected to look after the business he was carrying out. I find the facts proved.”

The judge then convicted and fined him €400 on each of six charges of failing to comply with conditions of his permit to cover waste, thereby creating a risk of environmental pollution.

He was also ordered to pay €2,000 in legal costs plus 21% VAT, arising out of offences detected during four inspections in May, October and November 2009.

The defendant did not give evidence. His solicitor Barry Galvin applied yesterday, after four days of evidence, for the case to be dismissed.

Mr Galvin said: “The summonses are entirely defective, not complying with any of the standard cases that would enable the defendant to investigate allegations against him or consider what it was he was defending.

“It is not possible to say what criminal activity is alleged in the summons. That is not good enough. Before a person comes to court he is entitled to know what he is being charged with,” Mr Galvin said. “A number of the witnesses went out of their way to blacken the defendant.”

He claimed there was “exceptional discrimination” in the prosecution.

Barrister Shay Roche for Cork County Council said the defendant had not been taken by surprise as there had been a fulsome disclosure of prosecution documents.

“This gentleman has a permit. Waste has to be covered as a requirement of the permit. A particular concern in relation to this is so that water run-off is prevented. It is a simple requirement with which he has to comply.

“I would take some issue with the claim made by Mr Galvin that witnesses sought to blacken his (O’Brien’s) name. I would say they gave appropriate evidence and that this case was not in any way prejudiced or biased,” Mr Roche said.