'I’m not God,' says Cork hydro-electric plant owner in court case over trapped salmon

Dan Twomey said: 'I am not in the business of killing any fish.'

Dan Twomey said he would have to come up with a mechanism to prevent the salmon from getting into the plant. File photo: Owen Humphreys/PA

Salmon returning from sea to their river spawning grounds and becoming trapped in the waters around a hydro-electric plant on the River Lee prompted Inland Fisheries Ireland to prosecute the owner.

Senior IFI environmental officer Michael McPartland said that problems with the grates across the entry and exit points for the water divergence from the River Lee at Dan Twomey’s hydro facility — south of the old Cork waterworks and directly across the river from the Kingsley Hotel — resulted in salmon becoming trapped.

Mr McPartland said the grates needed to have bars with not more than two inches between them but that they were approximately three inches wide at this plant. Secondly, he said that there was a second breach in that some of the gratings were found open when inspected. These are required to be kept in good repair and in a manner preventing their opening or removal.

Mr McPartland explained to Judge Joanne Carroll at Cork District Court: “If they get trapped in there they have no reverse gear to get out so the lifecycle will not be completed. “The gratings should be higher than the highest water flood level and the bars no more than two inches apart.” 

Solicitor for IFI Vincent Coakley said Dan Twomey was notified on July 11, 2023, of the presence of adult salmon in the hydro facility. Dan Twomey was called by his solicitor Charles O’Connor to give evidence and he said: “I have to open the grates to clean them and what happens is the salmon goes in.” 

He said he would have to come up with a mechanism to prevent the salmon from getting in. Mr Coakley for IFI said that in the course of his own evidence Mr Twomey seemed to be pleading guilty to the offences with which he was charged.

Mr Twomey said:

There is floods in the river and then there is the Inniscarra Dam and I have no control of either — I’m not God.

Judge Carroll said nobody expected him to be God but that he was required to comply with the Fisheries (Consolidation) Act, and that he needed to co-operate with IFI.

He replied: “I have worked with the fisheries for the last 21 years as true as my name is Dan Twomey… They are bringing me here to make an example out of me.” In relation to his gratings, he said the IFI were concerned about poachers and that he (Mr Twomey) was concerned about vandals breaking open his gratings.

Judge Carroll said she would be benign in the imposition of penalties if the issue was addressed but that otherwise the fines could run to a maximum of several thousand euro.

Dan Twomey said: “I will address it. And I will have (IFI engineer Barry O’Connor) with me to verify it is addressed. 

I am not in the business of killing any fish. 

Judge Carroll said to the prosecution that Mr Twomey indicated that he now wanted to comply with IFI requirements. Mr Coakley, solicitor, said: “That is what we want. If he had, we wouldn’t be here today.” 

Mr Twomey added: “I have co-operated for the last 21 years, they can’t say I didn’t co-operate.” Charles O’Connor, solicitor, said of his client: “He is a very reputable operator, he has always co-operated.” 

Judge Carroll said: “I think this man is willing to address matters. In my mind it should have been addressed between August 2023 and September 2024 — it is in the interests of society and fish stock.” To allow time for full compliance Judge Carroll adjourned penalty until June 25, 2025.