Acquitted turf cutters heading back to the bog
Four turf cutters have vowed they will be back cutting turf on EU protected bogs in East Galway next month – weather permitting – after efforts by the State to prosecute them failed at Galway Circuit Criminal Court this week.
The men said it was a great day for rural Ireland as they walked free from court moments after their trial collapsed due to lack of evidence.
All four were initially charged in 2013 with cutting turf on three EU protected bogs in the Woodford and Portumna areas of South-East Galway in 2012.
Following several adjournments in the intervening years, their trial finally opened before a jury on Tuesday in Galway.
However, moments after it began, Judge Rory McCabe directed the jury to return a verdict of ‘not guilty by direction of the trial judge’, after the State conceded it could offer no evidence as a crucial prosecution witness was in Australia.
Moments beforehand, Anthony Porter (51), Bauntia, Woodford, pleaded not guilty to a single charge of using machinery on an EU site, to extract turf or peat, at Clonco bog, Woodford, on August 21, 2012, which would affect the integrity of the site in contravention of the European Communities (Birds and Habitats) Regulations 2011.
Co-accused, Michael Darcy (50), Ballycahill, Killimor, Ballinasloe, pleaded not guilty to cutting turf on protected bog at Derryvunlan, Portumana on May 23, 2012. He also denied and second charge of cutting turf on Clonmoylan bog near Killimor on May 22, 2012.
Pat McDonagh (49), from Killeen, Ballyshrule, Ballinasloe, pleaded not guilty to cutting turf on August 21, 2012, at Clonco bog, Woodford.
His colleague, Padraic Byrne (64), Killimor, Ballinasloe, also denied cutting turf at Clonmoylan bog on May 22, 2012 and again at Derryvunlan bog the following day.
Judge McCabe told the jury panel earlier he had been told the trial would not be proceeding but he was required to follow the correct procedure and empanel a jury.
After a jury was empanelled, Galway East State solicitor, Geri Silke, intimated there was a problem with a crucial State witness and she was not in a position to offer any evidence.
Judge McCabe then directed the jury to find the four accused not guilty.
See full report in this week’s Connacht Tribune, on sale now.
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