09 Aug 2022

Templemore man fined €300 for dumping near Templetuohy

Defendant's son's name was on an envelope found in rubbish at Derryville

Templemore man fined €300 for dumping near Templetuohy

Thurles District Court

A Templemore man was fined at Thurles District Court for dumping waste at a location near Templetuohy in 2020.

Garda PJ O’Brien gave evidence before Judge Elizabeth MacGrath that on May 28, 2020, he observed signs of recent dumping at Derryville, Templetuohy, Thurles.

The area had been cleared by the local authority, but when he returned later, he observed rubbish which contained an envelope, on which was inscribed the name of a juvenile who had the address of 17 Railway View, Templemore, the home address of James Donoghue.

Garda O’Brien took a number of photographs of the scene. “The area had been cleared. There was refuse found. I could see a brown envelope with a white label fixed to it.”

Garda O’Brien spoke to the householder of that address, Mr Donoghue, in a garda station. Mr Donoghue was charged with contravening the Litter Pollution Act by leaving domestic bags to create waste, at Derryville, Templetuohy, Thurles, on a date unknown between May 17 and May 23, 2020. He denied the charge.

Under interview, Mr Donoghue said he visited the area, and “maybe one of the young lads got out of the car”. The envelope was in a bag left at the site.

Solicitor Patrick Cadell said “seven or eight” people lived at that address. Mr Donoghue lives with his wife, two adults and children. There was “no evidence” Mr Donoghue dumped rubbish in the area or threw it out of a car, said Mr Cadell, “but perhaps one of the children threw it. There’s no way to say he did it.”

Insp James White said it is the responsibility of the householder to legally dispose of all rubbish from that house.

Judge MacGrath said the name of a juvenile, Mr Donoghue’s son, was on the envelope in the rubbish.
There was a presumption within the Act regarding this, but Mr Donoghue was not in Court to answer his case. “The correspondence identifies his address, and confirms he was out there,” said Judge MacGrath. “I am satisfied that the threshold has been met to convict.”

Sgt Thomas Hanrahan said Mr Donoghue has 15 previous convictions, for road traffic matters, public order, assault, and theft, but no similar type convictions for littering.

Judge MacGrath fined Mr Donoghue €300, and fixed recognisances at €250 in the event of an appeal.

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