Legal wrangle delays turf cutters’ trial

The trials of four Galway turf cutters cannot proceed until the Supreme Court makes its ruling regarding a legal challenge brought by two Kerry turf cutters, against the constitutionality or otherwise of their prosecution by the State for the alleged cutting of turf on protected bogs.

That was the position put forward by the State this time last year at Galway Circuit Criminal Court and nothing has changed in the intervening twelve months as the same submissions were made again this week.

The separate trials of the four men – who were initially charged in 2013 with moving machinery onto protected bogs in 2012 – had been set down in July 2016 for hearing in December 2016 at Galway Circuit Criminal Court.

But the court was told in October 2016 that the Kerry turf-cutters had sought judicial review in the High Court, testing the constitutionality of similar charges brought against them under EU conservation legislation and that the Galway trials could not proceed until the higher court had made its ruling in the Kerry cases.

The four Galway men, who were the first to be prosecuted by the State after the EU habitats directive imposed more stringent restrictions on turf cutting on 53 Irish bogs in 2011, were initially due to stand trial at Galway Circuit Criminal Court in March 2014.

But their trials have been adjourned again and again in the interim as their Kerry counterparts appeal their prosecutions through the higher courts.

The Circuit Court, the High Court and the Court of Criminal Appeal have, in turn, held that the Kerry prosecutions are constitutional, but the turf cutters there have since lodged an appeal before the Supreme Court and that is where the matter now rests.

State prosecutor for Galway East, Geri Silke BL, informed Galway Circuit Criminal Court this week that the Galway trials could not proceed until the Supreme Court made its ruling.

Defence barrister, Conal McCarthy, asked the court to fix a trial date for his client, Anthony Porter, pointing out that the matter had been on the court list since 2013.  He said his client were most anxious to have the matter dealt with.

Judge Brian O’Callaghan agreed to adjourn the matter to October 8 to see what stage the Supreme Court case was at then.

Michael Darcy (44) from Ballycahill, Killimor; Padraic Byrne (58) from Main Street, Killimor; Pat McDonagh (44) from Portumna; and Anthony Porter (45) from Woodford, face prosecution under the European Communities (Birds and Natural Habitats) Regulations 2011, in relation to incidents of turf cutting which allegedly occurred at Clonmoylan Bog, near Killimor in south Co. Galway on May 22 and, 23 and August 2, 2012.

Their Roscommon counterpart, Patrick Lavin, from Mullen, Frenchpark, is also charged with cutting turf on a protected bog near Ballymoe on the Galway/Roscommon border on June 28, 2013.

He too, has been remanded on continuing bail along with the Galway four, to the October date.

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