Three await sentence for illegal dumping in Wicklow

A waste disposal company, its director and a truck driver contracted to the company have had their sentence adjourned at Dublin Circuit Criminal Court on charges of illegal dumping at sites in Wicklow.

Swalcliff Ltd, East Wall Industrial Complex pleaded guilty through solicitor Mr Vincent Shannon it held or disposed of waste in a manner that caused or was likely to cause environmental pollution on dates unknown between August 3, 2001 and October 22, 2001 at lands owned by Clifford Fenton at Coolnamadra, Donard.

Louis Moriarty, a hotelier of Griffith Avenue, Drumcondra pleaded guilty to disposing of waste in manner that could cause pollution, at the Coolnamadra site and at Whitestown, Baltinglass on dates in 2001.

Adrian Munnelly (aged 27) a truck driver of Main Street, Ballynacargy, County Westmeath, pleaded guilty to similar charges in relation to Coolnamadra only.

Judge Katherine Delahunt adjourned the case following an application by Mr Patrick Gageby SC, defence counsel for Mr Moriarty and Swalcliff Ltd, to allow him consider new items of disclosure.

John O’Reilly (aged 64), now of Robertstown, Naas, who then owned the site at Whitestown, Baltinglass, was fined €150,000 in July 2006 at Dublin Circuit Criminal Court for allowing his land to be used as an illegal waste dump.

Neville Watson (aged 41), of Kilmurray, Trim, Co Meath who was working for Moriarty drawing waste at the time, was jailed for six months at the same time. He had pleaded guilty to not having a licence under the Waste Management Act for use of the site for dumping waste on the same dates.

Clifford Fenton, landowner at Coolnamadra, is awaiting sentence at Wicklow Circuit Criminal Court.

Garda Declan O’Brien told Judge Delahunt that Moriarty saved in the range of 85% to 90% by engaging Munnelly to draw waste from his premises to the illegal dump and Coolnamadra.

He said the site had since been sold to Brownfield Restoration who have done remediation work at the site which was paid for by Moriarty following a high court order.

Garda O’Brien told prosecuting counsel, Mr Eanna Mulloy SC, that gardai became involved in the cases when they received a complaint from Wicklow County Council.

Moriarty was interviewed by gardaí on a number of occasions and admitted dumping waste from his sorting premises on East Wall at the two sites in Wicklow. He admitted approaching O’Reilly in early 2001 to establish if he could deposit waste on his lands.

Gda O’Brien said an estimated 8,000 tonnes of waste had been deposited at Whitestown by Swalcliff including mixture of builders rumble, demolition waste, household and office waste. He said an estimated 800 tonnes of waste was deposited at Coolnamadra.

Gda O’Brien said Munnelly was an independently contracted lorry driver who admitted drawing from East Wall to Coolnamadra 14 truckloads of waste with 25 tonnes of waste giving a total of 350 tonnes of waste

Gda O’Brien said Swalcliff had two previous conviction and Moriarty one previous conviction in relation to similar activities. He said Munnelly had six previous road traffic convictions.

Mr Gageby said his clients had co-operated with the investigation and had financed the clearing of the site at Coolmadra to a high standard. He said Moriarty had €2.5m available to begin the remediation of the Whitestown site.

Mr Kerida Naidoo BL, defending Munnelly, said the offence had been "a grave error of judgement" on his client’s part when he was aged just 22 and starting out in the waste disposal business.

He said his client has not reoffended in seven years and there was no evidence that any chemical waste had been dumped by his client.