Westmeath Farmer Convicted For Digging Drain In Conservation Area

Monday, 10 October 2022 12:23

He was also handed a fine for the breach of EU regulations.

A Westmeath farmer has been convicted for digging a drain in a Special Area of Conservation.

40 year old William Murphy of Gillardstown House, Castlepollard was prosecuted and fined €2,000 (plus costs) for a breach of the European Communities (Birds and Natural Habitats) Regulations 2011-2021.

The company he directs, Midland Premier Farms Limited, was also prosecuted and fined €3,000.

A special sitting of Mullingar District Court on Tuesday 4th October heard Mr. Murphy used an excavator to dig a large drain leading from a wetland into the River Deel at Grangebeg, Raharney, Co. Westmeath in 2019.

The River Deel is part of the legally protected River Boyne and River Blackwater Special Area of Conservation and Special Protection Area for Birds. These protections support important habitats and species which are rare and endangered across the EU, including alluvial forest and alkaline fen, salmon, river lamprey, otters and kingfishers.

Judge John Brennan heard from the National Parks and Wildlife Service conservation ranger who outlined evidence on the issue of risk to the river from the drain, in that it could still carry nutrients and sediment to the River Deel and because of the drain excavation work, there was now no buffer zone to protect the river from possible pollution from adjacent intensive farm land.

The ranger explained that sediment could interfere with fish spawning grounds and the habitat of aquatic invertebrates which in turn support other species such as kingfisher and otter.

The judge was informed that the defendants were aware that the River Deel was in a Special Area of Conservation but thought they would go ahead with the drainage works as they had machinery operating elsewhere on the lands at that time.

Judge Brennan stated there had to be a level of deterrence as the Regulations were there for a reason.

The Court stated there was still a risk to the river, and in considering sentence the Court had to take this fact into account.

Speaking following the conviction, Minister of State for Heritage and Electoral Reform, Malcom Noonan said;

"I would like to acknowledge the work and dedication of the NPWS staff involved in bringing this prosecution, and indeed the efforts of staff all around the country who successfully closed 26 prosecutions to date in 2022 and are progressing a further 43.

"I would again remind people that wildlife crime is a serious offence and the NPWS has never been more focused, or more effective, on tackling it."