Farmer fined €25,000 for destruction of ring fort

A judge has imposed a fine of €25,000 on a “modest farmer” in North Kerry for irretrievably destroying a ring fort on lands he had bought two months earlier.

Ownership of property was a right, but this right was “not unfettered” and it was qualified by the fact property was held in trust for the culture of the country, the judge warned.

Imposing the “significant penalty”, Judge Carroll Moran said he was taking into consideration a second charge of the destruction of a souterrain associated with the fort on lands occupied by John O’Mahony, aged 64, at Clashmealcon, Causeway, in Feb 2008.

Prosecutor Tom Rice said the destruction of the fort, a recorded monument, was the more serious issue. He told the court what remained — one-third of the fort and “what remained” of the souterrain — were subject to a preservation order.

The prosecution was brought under the National Monuments Amendment Act 1994 and 2004 and was on failure to notify authorities of a proposal to carry out works near a monument. It carried maximum penalties of five years in jail and/or a €50,000 fine.

O’Mahony had pleaded guilty in November but sentencing was adjourned to allow scrutiny of his financial records.

A series of ring forts had been built in North Kerry between 500 and 1,000 AD, as well as souterrains linking them, the judge noted.

O’Mahony had bought the land for €100,000 in Dec 2007, two months before the destruction, and put it into his sons’ names, the judge said.

Gardaí were made aware on Feb 19, 2008, that work had been carried out. The farmer told gardaí he had ordered the fort to be demolished and an associated pond filled in to avoid a hazard to cattle and children.

“The ring fort and souterrain are gone — they cannot be restored and are irretrievably lost,” the judge said.