'Where is the water going?' Limerick business owner warned as council takes court action

THE OWNER of a service station on the outskirts of Kilmallock has been warned he must attend court to answer proceedings initiated against him by Limerick City and County Council.

James Beechinor is being prosecuted over his alleged non-compliance with a notice which was served on him under the Local Government Pollution Act 1997.

That notice, which dates back to September 21, 2023, requires the defendant to confirm how waste water, associated with a car wash at the premises, is being disposed of. 

The case has been listed before Kilmallock Court on several occasions over the past 18 months but Mr Beechinor has yet to appear in person. 

During the most-recent hearing, solicitor Will Leahy, representing the local authority, said the council has concerns and that it has still not received the information it is seeking. 

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He told Judge Patricia Harney the case, which could take "half-a-day" to hear, “first came before your list in March 2024”. 

Barrister Nicholas Hall told the court his client suffers from ill-health and that documents have been submitted to the court outlining the details and explaining why he was not present.

While Mr Leahy did not disclose the particulars of the documents, he did express concerns that Mr Beechinor may never appear. “Looking at these, I don’t believe with his physical difficulties that he will ever be able to hear this case.”

Judge Harney commented that “a very reasonable” request was made by the council to Mr Beechinor and that “the State deserves to know where the waste water will go”. 

Noting that the premises is trading, the judge then suggested that an engineer or a manager from the service station could appear in Mr Beechinor's place. “He’s effectively avoiding the whole thing,” she said, adding: “There are other people that can deal with this.”

The judge said matters need to be progressed and that the defendant "needs to wake up and smell the roses." 

Adjourning the matter to January 20, she stated: “If Mr Beechinor is not available on that date I intend to proceed in his absence.”

Funded by the Court Reporting Scheme.