Judge rules against Limerick City and County Council in illegal waste prosecution

A LICENSED waste collector was acquitted of breaching the terms of his permit after a judge ruled there was no direct evidence linking him to the alleged offences.

John Ryan, who has a registered business address at Spellacy's Cross, Ballysheedy was prosecuted by Limerick City and County Council following an incident on August 15, 2024.

Giving evidence at Limerick District Court, executive engineer David France said he observed a truck carrying construction and demolition waste at Roxboro Road Roundabout heading towards Ballyneety.

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Off duty at the time, Mr France followed the truck in his personal car, stating he knew there was no licensed waste facility in that direction.

He told the court he later saw the waste being deposited in a farmyard before the vehicle drove away.

Photographs taken by Mr France were produced, including images of the vehicle entering the laneway and the tipper raised while unloading material.

Mr France later identified Mr Ryan as the owner of the truck through the Motor Tax office.

He also confirmed it was not listed as an authorised vehicle on Mr Ryan’s waste collection permit.

The following day, Mr France returned to the farm with a colleague and observed what he described as “substantial waste”, including concrete blocks and tiles.

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Three fixed penalty notices were subsequently issued for a number of offences including dumping at an unauthorised location, using an unapproved vehicle, and failing to display a waste permit number on the truck.

The fines were never paid and the local authority did not hear from Mr Ryan for nearly 12 months, the court heard.

Tom Kiely, solicitor for Mr Ryan, argued that the material had not been unlawfully dumped at the farm, as the landowner had requested it be placed there to be used as a base for silage.

He contended the material was not “unwanted” and therefore did not constitute discarded waste, as defined in law.

It was also argued there was no evidence placing Mr Ryan at the scene, as no witness had identified him as the driver of the truck on the day in question.

In his ruling, Judge Peter White noted it was a criminal prosecution and that the burden of proof was on the local authority to show that Mr Ryan was present and that he was responsible for the dumping.

As this had not been established, he dismissed all charges against Mr Ryan. Judge White awarded Mr Ryan €1,006 in costs.