A COUNTY Limerick man has been fined a total of €5,000 for using and keeping illegal green diesel.
Joseph Bourke, of Athlacca South, Kilmallock was fined €2,500 on each of the summonses.
Mr Bourke was stopped by customs officials on the afternoon of November 4, 2011 at Garrienderk, Charleville.
The tested sample from Mr Bourke’s vehicle showed illegal green diesel.
During an interview with a customs official in December, Kilmallock Court heard that Mr Bourke confirmed that he owned the vehicle in question.
The official asked Mr Bourke to explain the green diesel in the vehicle.
“He said he was using his vehicle on the land.
“He was stopped on a main road. He had no reply to that,” said the customs official.
State solicitor, Aidan Judge, asked the official if Mr Bourke accepted responsibility for the illegal green diesel.
“He said yes,” replied the official.
Mr Judge said the maximum fine on each of the summons is €5,000, which can be mitigated to €2,500.
As Mr Bourke has a previous conviction for a similar offence, Mr Judge said the maximum fine doesn’t merit mitigation.
Brendan Gill, solicitor, said Mr Bourke is a 42 year-old man with three young children.
“He was previously involved in the construction industry.
“His financial circumstances are very poor,” said Mr Gill.
Judge Mary Larkin noted Mr Judge’s objection on behalf of the state regarding the fine and mitigated both fines to €2,500.
Recognaissance was fixed in the event of an appeal.