Inland Fisheries Ireland (IFI) discovery of a “system error” has led to the eleventh-hour retraction of longstanding court proceedings and a significant cost. Consequently, IFI will repay €10,000 to a contractor.
The IFI, which supervises fishing activities, had initially instituted legal proceedings against three contractors engaged by the Office of Public Works for causing fish deaths in relation to the Bandon flood relief scheme in County Cork. The court acquitted two of the contractors, Byrne Looby Partners Water Services Ltd and Rivus Ltd. However, the case against Wills Bros was proven.
Subsequently, Judge Mary Dorgan suggested a restorative justice approach to the case, which would require a €10,000 allocation to IFI to enhance river ecosystems. However, during a later review of the restorative actions progress at the Bandon District Court, Vincent Coakley, IFI’s Solicitor, announced the need to withdraw the prosecution due to “internal complications” within IFI’s board.
Coakley clarified these internal complications as a “sensitive issue”. He explained that certain individuals on the board directed the delegation of powers unlawfully as there were no “officially documented” prosecution powers granted to those individual members. Although verbal permission had been given, it was not recorded. Consequently, he identified this as a “systems error”.
Recent findings reveal that 55 charges levied by IFI had to be pulled back due to this particular issue discovered in March the previous year and rectified by June. Only cases that were initiated prior to, but were yet to be resolved at the time of the error’s rectification were affected.
The €10,000 payment received from Wills Bros, of Foxford, County Mayo, is to be refunded, as it remained unused. The intended works could not happen due to bad weather.
Legal counsel for the three contractors involved has requested their legal fees, likely to be a substantial amount due to the case first being presented in 2018. The contentious incident, which happened on May 10th, 2017, disputed the total number of fish mortalities.
Judge Dorgan disclosed that the District Court had never witnessed an event where costs incurred were so unprecedented due to the protracted nature and intricacy of the case. In conjunction with the termination of the prosecution, she mentioned no conviction would be documented.
Mr Coakley verbalised his intention to oppose any requests for cost reimbursement. He noted that while the defence took nine days to present their arguments, the IFI prosecutions had only required a day. He justified the prosecution by stating it was filed in good faith.
Solicitor for Rivus Ltd, Plunkett Taaffe, stated that the business had stagnated until their full acquittal, and they were forced to counter the entire prosecution. Additionally, Stephen O’Donoghue, barrister representing Byrne Looby, claimed the refusal of the prosecution strengthened his claim for cost reimbursement; similarly, Tom Power, attorney for Wills Bros, advocated for the granting of costs following the action by IFI.
Following some deliberation, Judge Dorgan decided to charge the prosecution with the payment of costs, maintaining that they are to be decided upon mutually, following a comprehensive and impartial review of bills. She instructed that in the absence of a consensus among the entities involved, they are to engage in a mediation process. If agreement still remains elusive, Judge Dorgan issued they have the right to bring the issue before her in court as a final measure.