Two men guilty of il­le­gal dump­ing

Fingal Independent - - NEWS -

TWO men who ad­mit­ted il­le­gally dump­ing waste in the mid­dle of the night at a site near Dublin Air­port have been given sus­pended sen­tences of less than a year.

Pa­trick Mur­phy (35) of Abbeyleigh Av­enue, Swords, and Gavrila Pus­cas (57) of Rich­mond Av­enue Dublin 3 pleaded guilty ear­lier this year to dump­ing two skip-loads of mixed waste at a va­cant site at Tur­napin, Cloughran, Santry on the night of May 14/15, 2015.

Pass­ing judge­ment at Dublin Cir­cuit Crim­i­nal Court, Judge Pe­tria Mcdon­nell said il­le­gal dump­ing was ‘odi­ous’ and ‘a blight on the land­scape of this coun­try’.

She sen­tenced Mur­phy to nine months sus­pended, and Pus­cas to six months sus­pended, but in­di­cated she would have im­posed tougher sen­tences had she not been con­strained by the sen­tence im­posed ear­lier this year on the men’s em­ployer, Wayne O’hare.

The court heard that co-ac­cused Wayne O’hare (33) of Hast­ings Court, Bal­brig­gan is the for­mer owner and di­rec­tor of W K Waste Ltd. He was given a one-year sus­pended sen­tence in April of this year by Judge Pa­tri­cia Ryan.

W K Waste Ltd has since gone into liq­ui­da­tion, but used to op­er­ate from a fa­cil­ity at Bally­bog­gan Busi­ness Cen­tre, Bally­bog­gan Rd, Glas­nevin, Dublin 11.

The court heard that Mur­phy had be­gun work­ing on a JobBridge scheme with W K Waste Ltd a few weeks be­fore the of­fence, while Pu­cas had be­gun work as a truck driver with the firm two days pre­vi­ously.

Patsy Win­ters, a Waste En­force­ment Of­fi­cer with Dublin City Coun­cil, told prose­cut­ing bar­ris­ter Dara Hayes BL that she car­ried out sur­veil­lance at the waste fa­cil­ity on the night in ques­tion.

Ms Win­ters said she saw a truck leav­ing WK Waste shortly be­fore mid­night car­ry­ing a large, in­dus­trial-sized skip, and drive around the back of Dublin Air­port.

The gar­daí fol­lowed the truck and saw it dump a load at a large, va­cant site at Tur­napin, Cloughran, be­fore re­turn­ing to the waste fa­cil­ity and then dump­ing a sec­ond load at Tur­napin.

The court heard that there was al­ready ex­ten­sive dump­ing at the site, some of it of a his­tor­i­cal na­ture.

Gar­daí ar­rived and ar­rested the two men, who co­op­er­ated fully and pointed to the two loads they had dumped, com­pris­ing of plas­tic, tex­tiles, green waste, soil and de­mo­li­tion waste, tyres and other bulky ma­te­rial.

The court heard that O’hare had paid a third party €1,000 to be al­lowed to dump waste at Tur­napin, and had given keys of the W K Waste fa­cil­ity to Mur­phy on the night.

Waste en­force­ment of­fi­cials vis­ited the dump site six weeks later and were sat­is­fied that the il­le­gally-dumped waste had been re­moved.

Nei­ther Mur­phy nor Pus­cas, a Ro­ma­nian na­tional who’s been in Ire­land since 2001, have any pre­vi­ous con­vic­tions.

Paul Car­roll SC, de­fend­ing Mur­phy, said his client had started work­ing with W K Waste on a Jobbridge scheme on the un­der­stand­ing that it was more of an of­fice job.

When asked by O’hare to bring the driver to the dump site on the night in ques­tion, he agreed ‘in or­der to im­press’ his boss.

Mr Car­roll said Mur­phy left the em­ploy W K Waste Ltd shortly af­ter­wards and be­gan work­ing in sales for an­other com­pany, but is no longer work­ing for them be­cause of per­sonal mat­ters.

The court heard Mur­phy lived with his mother who died ear­lier this year, and had re­cently split up with his part­ner with whom he has two chil­dren.

Mi­randa Egan-lan­g­ley BL, de­fend­ing Pus­cas, said her client was hired as a driver and had very lim­ited knowl­edge and un­der­stand­ing of his role, hav­ing never pre­vi­ously worked in the waste in­dus­try.

She said Pus­cas had worked as a truck driver un­til he lost his job in 2009 due to the eco­nomic down­turn.

Ms Egan-lan­g­ley pre­sented a let­ter from a for­mer em­ployer of Pus­cas and said her client had had no prob­lems with pre­vi­ous work, and ‘would never have dreamed’ of do­ing some­thing il­le­gal.

The court heard that Pus­cas was a mar­ried fa­ther-of-two, and a let­ter from his parish priest out­lined his good char­ac­ter and in­tegrity.

Judge Mcdon­nell sus­pended both sen­tences for a pe­riod of 12 months.

Evie Smith and Faye Gar­gan at the camp in Fin­gal­lians.

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