INLAND Fisheries Ireland has prosecuted a landowner who took 15 loads of gravel from a riverbed near the village of Eyeries.
The two charges, one of which was brought under the Fisheries Act and the other under the Local Government Water Pollution Act, were dismissed under the Probation Act by Judge Mark O’Connell after the man made a €500 donation to an environmental charity, as well as legal costs, and the cost of IFI’s prosecution.
At a recent sitting of Bantry District Court Flor Murphy, solicitor, said his client Colman O’Sullivan (50) of The Oval, Eyeries Village, Beara, was doing what generations before him had done in removing gravel from the bed of the Kealincha River in the townland of Inches, Eyeries, so as to keep it clear and free-flowing.
Inland Fisheries Ireland brought the prosecution after their environment officer, Michael McPartland received a report that the river was very discoloured on June 12th 2024.
The officer said it took him three hours to get to Eyeries, where he found the river bed had been disturbed in a number of locations over a 250m stretch.
The first charge, under the Fisheries Act, related to the injury or disturbance of a spawning bed, bank or shallow, for the fry of salmon, trout or eels.
The second, under the Local Government Water Pollution Act, related to causing or permitting polluting matter to enter waters.
IFI solicitor Kevin Quirke called Michael McPartland to give evidence, and the witness confirmed that the waterway was 100 times dirtier in the affected area than the clean water upstream.
The environment officer said he had walked upstream to where he saw some tyre tracks in close proximity to the river.
He said he could tell the track was recent because it was wet and the day was dry.
Mr McPartland said he could see that gravel had been cleared from the bed of the river at multiple locations.
The environment officer explained that eggs, laid beneath the gravel, would have died and that, as a longer-term consequence, the habitat would take years to recover.
Mr McPartland said the accused approached him that day and admitted removing 15 loads of gravel from the river bed, and the environment officer surmised that each load would equate to one tonne.
Although there was a plea to the charges, Flor Murphy spoke in mitigation saying his client had been drawing the gravel with a tractor and trailer, and he added: ‘It was a tradition to take gravel out of the river bed to keep it flowing.’
Mr McPartland said any gravel drawn above the water line would have a lesser impact, and he said IFI would be happy to meet and advise landowners before carrying out such work.
By drawing from the river bed, the officer explained it can lead to the banks of the river upstream being stripped, thereby causing further erosion.
The solicitor explained that his client has no previous convictions of any kind and he no longer owns that stretch of land. Mr Murphy also said he didn’t realise that what he was doing was wrong.
Kevin Quirke acknowledged that Colman O’Sullivan stepped forward that day, took responsibility for what he did, and cooperated fully with the environment officer, which saved IFI a lot of time and expense.
Judge Mark O’Connell said that what the landowner did was very serious, and very damaging to the environment, but said he was mindful of the impact a conviction would have on a person who has never been in trouble before.
Judge O’Connell found the facts proven, but then he dismissed both offences under the Probation Act after the accused made a €500 donation to an environmental organisation of the judge’s choosing.
