Anton McNulty
The Department of the Environment are to appeal a ruling of costs made against them in Castlebar District Court earlier this month following their decision to withdraw their prosecution against two farmers.
Last week, legal representatives for the Department wrote to Ballycroy sheep-farmers Michael Leneghan and Patrick McHugh informing them that they are appealing the order of costs made by Judge Mary Devins at the next sitting of Castlebar Circuit Court.
The two men had been accused of allowing their sheep to graze on protected lands, outside the designated season but on January 5, the Department withdrew their prosecution after they admitted the legislation under which the prosecution was taken was inadequate and had serious flaws.
The ‘landmark’ case had first come before the court in 2007 and since then there has been eleven District Court appearances and one High Court appearance.
Michael Leneghan told The Mayo News that he was shocked to receive the letter of the appeal and asked how the Department could justify not paying the costs when they were wrong to take the prosecution.
“It was an awful shock to get that letter. They are still putting our lives on hold and leaving us with these potential legal costs to meet. They are appealing the ruling of the judge even though they withdrew the case. They dropped the case on legal grounds and even admitted in court that the law was flawed and now they want me to pay the costs in a case I did not bring,” he said.
Michael said that the costs to him fighting the case since 2007 have been substantial and said this appeal will add to the cost. He said he thought the matter was finalised and said it was putting considerable strain on him and his family.
“It has been going on for four years and it will be a substantial cost for me to pay. This is more worry and now I will have to hire a barrister for the circuit court case. It is a waste of tax payers money, do they not realise that they made a mistake and call it at that. They just seem to want to put more hardship on me. There is no cut in their budget to continue to bring this case to me. I’d love to know the grounds for them not being able to pay the costs,” he concluded.
