A North Kerry man has been convicted in the district court for failing to remove what the judge called “dumping on a commercial scale” on his lands.
78-year-old Patrick Fitzgerald of Heirhill, Ballyheigue, was fined at Tralee District Court, and ordered to pay costs to Kerry County Council.
The court heard that the council has been engaging with Mr Fitzgerald about rubbish on his lands since 2023.
Solicitor for Kerry County Council, Irene Daly, told the court this matter has been ongoing since 2023, when it was first reported.
She showed photos to the court of lands either registered to, or in the control of, Patrick Fitzgerald at Heirhill and Glenlea along the Coast Road between Ballyheigue and Causeway.
Ms Daly said it was estimated that around 10-20% of the waste which was originally there has been removed.
Upon seeing up-to-date photos of the sites, Judge David Waters said, “This is dumping almost on a commercial scale”.
Mr Fitzgerald’s solicitor, Pat Mann, denied the claim of commercial dumping, and said his client is a man who collects items and brings them to his home, and he’s made an effort to remove them.
Judge Waters said this is going on for three years and local people are having to put up with rubbish in the area.
Mr Fitzgerald had been issued with a notice to remove the waste from his lands in August 2024, and he pleaded guilty to the charge of failing to comply with this notice.
Kerry County Council enforcement officer Paul Byrne told the court he inspected four sites on Friday and while Mr Fitzgerald has made an attempt to remove waste, there was still a significant quantity of waste.
In response to solicitor Pat Mann, the enforcement officer agreed Mr Fitzgerald had furnished receipts from Higgins Waste in Tralee and Cork Metal Company, showing he had made some effort to remove waste.
Mr Mann said his client is a 78-year-old retired farmer, living alone in the Ballyheigue area, and he contends he has removed far more than 20% of the waste, as suggested.
Judge David Waters convicted Mr Fitzgerald and fined him €750, while he will also have to pay costs of €500 to Kerry County Council.
Judge Waters said if the council calls again to the sites and they’re in the same state, he will have to consider other punishments.
In a statement to Radio Kerry, Kerry County Council says it welcomes the outcome of this court case, and the council considers that it is important to highlight the need for members of the public to ensure that waste is only transferred to appropriately authorised waste collectors and facilities.
