Bandon flood protection scheme firm convicted in relation to fish kill

A Judge said Wills Bros was not indemnified against prosecution. She convicted it and deferred penalty until September 30 next, asking the Probation Service to explore a potential restorative justice solution

It is alleged that as many as 200 fish from the Bandon River were killed when a pool rapidly lost water. Picture: David Creedon/Anzenberger

The main company working on the Bandon flood protection scheme has been convicted in relation to a fish kill in the Bandon River shortly after the works commenced in May 2017, with a similar charge dismissed against two other firms.

Wills Bros Ltd of Foxford in Co Mayo had been prosecuted by Inland Fisheries Ireland (IFI) over an incident on May 10, 2017, in which it was alleged that as many as 200 fish were killed when a pool — formed by the construction of a haul road in the river — rapidly lost water.

Wills Bros was contracted for the physical works by the Office of Public Works and the long running case, which first heard evidence in February 2018, was told it was the largest flood relief project in Europe when it began in early May 2017.

Two other companies — Byrne Looby Ltd, project design specialists, and Rivus Ltd, ecological specialist engaged by Will Bros — had, like Wills Bros, denied a charge under the Fisheries (Consolidation) Act 1959 as amended, of injuring or disturbing the spawn or fry of salmon, trout or eels.

However, while Judge Mary Dorgan dismissed the charge against Byrne Looby and Rivus, she said the case against Wills Bros had been proven beyond reasonable doubt.

The judge outlined the background to the granting of the contract by the Office of Public Works, particularly the consistent and worsening flooding of Bandon town over a number of decades, and also emphasised the scale and difficulty of some of the works required. 

She said the Environmental Impact Survey had outlined how the River Bandon would be impacted, that ongoing maintenance would be required and that mitigation efforts that were employed.

The Bandon River at Innishannon Bridge, Co  Cork. Picture: Denis Minihane

The case had heard that hundreds of fish may have been killed in the incident, though the figure was disputed and the charge only related to salmon, trout and eel.

The court had heard evidence that while haul roads had previously been constructed tight to the bank, the presence of a fish stand, which was protected structure, meant on the day of the incident a separate pooled area was formed, although water levels meant there had been no concern of fish being trapped earlier.

However, the porous nature of the material around the pool, and dredging nearby, resulted in a rapid loss of water. A report by Rivus the day after the incident suggested more than 30 salmon fry, 20 plus trout and 20 plus grass eels were trapped, alongside stone loach and lamprey.

What's your view on this issue?

You can tell us here

Delivering her verdict, Judge Dorgan said Rivus had flagged the possibility of such an incident previously, and that an electrofishing licence, which would have allowed for the temporary stunning of fish so they could be easily removed, had not been secured in time by Wills Bros, as was its responsibility. 

It meant nets were employed to try to remove stricken fish, with fisheries officers at the scene describing "an air of panic" among workers.

Judge Dorgan said Wills Bros was not indemnified against prosecution. She convicted it and deferred penalty until September 30 next, asking the Probation Service to explore a potential restorative justice solution. The issue of costs will also be discussed on that date.