A JUDGE has said she feels sorry for a businessman who was prosecuted in relation to illegally dumped rubbish he is not responsible for.
Limerick City and County Council initiated legal action against Pat Moloney in relation to lands he occupies at Sexton Street North, Thomondgate.
Environmental inspector Michael Walsh told Limerick District Court the local authority received complaints last November in relation to a large amount of waste material which had been dumped at a field -located to the rear of a number of commercial units.
He said following an inspection of the field, Mr Moloney, who has an address at Bracken Court, North Circular Road, was written to and asked to remove the rubbish and secure the field.
Judge Marian O’Leary was told there is no suggestion the defendant is responsible for the rubbish which has not been removed.
Mr Walsh said the field, which backs onto a housing estate, is not secure and that this is also a concern for the council.
Seeking to have the matter finalised, solicitor Ger Reidy, representing Limerick City and County Council, said Mr Moloney has ignored a notice which was served on him under the provisions of the Waste Management Act.
That notice required him to stop storing waste at the field and to remove the existing waste.
“The difficulty is the site is not secure and he is not arranging for the waste to be cleared up,” he said adding that the council wants the defendant to “engage with the council and respond and address the issue”.
Finalising the matter, Judge O’Leary commented that she had some sympathy for Mr Moloney as he was before the court in relation to lands he did not own and rubbish which was not his.
“I feel sorry for him,” she said pointing out that the case against him had been proven.
Mr Moloney was fined €200 and ordered to pay the costs and legal expenses of Limerick City and County Council, which totalled €380.