Salmon poaching charge is dismissed
EFFORTS of water keeper Sean O’Brien to combat salmon poaching on the Slaney attracted praise from Judge Brian O’Shea.
But prosecution of the owner of a Ford Focus he found parked upstream from Bunclody failed at the District Court in Gorey for legal reasons.
Defendant Kevin Doyle from 16 New Oak Estate in Carlow was not present in court for the hearing.
Sean O’Brien gave evidence of how he saw two men fishing for salmon with worms at a pool on the river near Kilderry on April 24 last year.
He told the court that no one was entitled to fish at that time as the season did not open until May 1 when fly fishing only would be permitted.
The two men noticed the witness and dropped their landing net before running away towards Kildavin.
He went back to his van, which was close to where the Focus was parked, taking note of the 131 CW registration.
Two men arrived and they left in the van at speed, before the water keeper could obtain names or addresses.
The registered owner of the Ford turned out to be Kevin Doyle who was later seen driving it in Carlow town by local Garda Richard McCormack.
Quizzed about the matter, the suspect responded that he had been driving the van on April 24, adding that he was aware of the matter.
Barrister Laura Cunningham pointed out that there was no evidence that Garda McCormack had administered the required legal caution before putting his questions to the accused.
The judge commented that whoever was driving on the day of the alleged offence was trying to evade being caught.
However, the only evidence purporting to identify the driver as Kevin Doyle had come from Garda McCormack.
The court agreed with Ms Cunningham that the garda was obliged to caution the suspect.
With no evidence that this had been done, the case was dismissed.
Judge O’Shea remarked that O’Brien, appointed in 2003, fulfilled a very important function and that he had dealt with the situation as best he could.