Limerick man pays the price for ‘grave’ error on dumped headstone 

A BROKEN headstone was the final nail in the coffin for a man prosecuted by the council.

Declan O’Neill, of Swallow Drive, Carew Park, Southill was accused of dumping at a location in Dromkeen. He pleaded not guilty to the offence under the Waste Management Act.

Neil McMullen, an environmental inspector with Limerick City and County Council, said he received a complaint of dumping in Dromkeen on August 23, 2021.

Will Leahy, solicitor for the council, asked him to describe the waste.

“It was construction and demolition waste, Christmas decorations, and pieces of a tombstone,” said Mr McMullen.

The inspector told Limerick District Court he commenced an investigation and looked up companies that make and repair headstones.

“I called to Mr O’Neill’s yard and found more parts of the same headstone. I attended his address and there was a truck with a load of waste including Christmas decorations,” said Mr McMullen, who added that Mr O’Neill admitted it was his truck and waste.

Mr McMullen said Mr O’Neill told him he “didn’t know anything about the waste in Dromkeen”.

In the subsequent days the inspector said Mr O’Neill rang him and informed him he had been at the site and cleaned it.

“I asked him why he cleaned it if he didn’t do it. He said he didn’t want to fall out with the landlord. I never indicated where the dumping was,” said Mr McMullen.

Mr O’Neill, who represented himself, said the inspector mentioned a family name and he then knew who it was and the location.

Mr O’Neill said he uses a “community yard”.

“It is nothing got to do with me. It was somebody else’s waste in the community yard. Why did you not ask for CCTV?” asked Mr O’Neill.

Mr McMullen said: “At the moment the council doesn’t follow up on CCTV.”

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Regarding the rubbish in his truck outside his house, Mr O’Neill said it was from his house.

“I have a permit with the council,” said Mr O’Neill.

Mr Leahy asked the defendant why he cleaned up the dumped rubbish in Dromkeen if he didn’t do it.

“I felt I was being accused of it. I know the family and work for them,” said Mr O’Neill.

Mr Leahy brought up the Christmas decorations. He said a “distinctive plastic Santa” was in Mr O’Neill’s truck outside his house and found amongst the rubbish in Dromkeen.

Mr O’Neill said he doesn’t “know anything about Dromkeen”.

In summing up, Mr Leahy pointed to the Santas, the headstone and Mr O’Neill cleaning up the rubbish.

Judge Patricia Harney said she believed Mr O’Neill “did dump the waste himself”. The court heard Mr O’Neill has no previous convictions.

Addressing Mr O’Neill, Judge Harney said: “I don’t believe you.” The judge handed down a fine of €1,500 and ordered he pay the council’s costs of €949.46.

Mr O’Neill said: “I will be appealing it.”

Recognisance was fixed in the event of an appeal.