EXCLUSIVE: Cattle munch on nursing home residents’ records in Limerick

PERSONAL health records of residents of a County Limerick nursing home were eaten by cattle after they were dumped on land, a court has heard.

Three members of the same family, and an owner of the nursing home, were all prosecuted by Limerick City and County Council under the Waste Management Act.

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Eamon O’Mahony, of Glenfield House, Glenfield, Kilmallock; Conor O’Mahony, of Ardkilmartin, Kilmallock; Michael Joseph O’Mahony, of Ardkilmartin, Kilmallock; and Derek Patterson, c/o Ard Na Ri Nursing Home, Bruff were all before Limerick District Court.

They have been ordered to pay costs to the council totalling €39,500 and received fines of €15,500 with one defendant facing jail if he doesn’t provide further information to the local authority.

Will Leahy, solicitor for Limerick City and County Council, informed Judge John King that he had heard the “nursing home waste cases” in June.

“Oh I did, I remember this one,” said Judge King.

Mr Leahy gave a summation of the facts, saying this matter began in July 2020 when council staff observed waste being transported to a site owned by Eamon O’Mahony.

“It was clearly waste which originated in Ard na Ri Nursing Home, transported to Mr Eamon O’Mahony’s site and dumped there.

“The council sent certain statutory notices to the owners of Ard na Ri Nursing Home, one of which is Mr Derek Patterson. The essence of the notices is that Mr Patterson has to be more careful with his waste,” said Mr Leahy, who then brought the judge forward to June 2022.

“The council were informed that further demolition waste had been disposed of at Ballinstona North, Dromin, Kilmallock.  

“When council staff attended, they saw quite a vast quantity of demolition waste which was traced back to Ard na Ri Nursing Home.

“However, contained within the demolition waste was general waste that you would associate with a nursing home - evidence was given of adult nappies and also, of most particular concern, was personal health records from patients or former patients of Ard na Ri Nursing Home. Evidence was given to you of cattle eating some of these records,” said Mr Leahy.

Eamon O’Mahony was represented by solicitor Eamon Dillon, who said his client is in a different category to the others.

“My client pleaded guilty at the earliest possible stage. He co-operated fully with the council. What happened was he built a slatted shed and used stone, only stone, no waste, for trunking around the slatted shed. If he went about it the right way he could have got a permit to do that. He didn’t,” said Mr Dillon, who informed Judge King that costs of €10,000 have been paid. Judge King convicted Eamon O’Mahony under the Waste Management Act and fined him €2,500.

Conor O’Mahony and Michael Joseph O’Mahony were both represented by Michael O’Donnell, solicitor. Mr O’Donnell said costs of €8,500 each had been paid by his clients.

Judge King convicted and fined Conor O’Mahony €2,500 and his plant hire and agri company a further €3,000.

Mr Leahy said Michael Joseph O’Mahony was to confirm with the council where the waste was correctly disposed of.

“Those details have not been given to us,” said Mr Leahy.

Judge King said he made it quite clear in June that Michael Joseph O’Mahony was in “serious jeopardy”.

He imposed a four month jail sentence which he suspended on condition he provides the council with the outstanding information within six months. Judge King also fined Michael Joseph O’Mahony €4,000.

Mr Leahy said they had received a cheque for €12,500 in costs from Mr Patterson, represented by Nicholas Hall BL, but it had not cleared yet.

Mr Leahy said he had no doubt the cheque will clear but asked for matters to be adjourned for a month.

Mr Patterson told the court on Friday that he was in Scotland and had to phone his wife to pay it because he thought the court date was this Tuesday, September 9. “I must apologise for that,” said Mr Patterson.

Judge King said if the cheque clears he will fine Mr Patterson €3,500.