Corporation fined for contempt

Galway Corporation was fined £50,000 by the High Court yesterday for "extremely serious contempt" of a court order relating to a landfill site at Carrowbrowne, near Lough Corrib.

Mr Justice Kelly said the corporation had an "appalling history" of non-compliance with its obligations under the Planning Acts.

In addition to the fine, and directing the corporation to pay the legal costs of local residents, the judge announced he would appoint, at the corporation's expense, an independent engineer. The engineer would report on the level of compliance of the corporation with its obligations under a December 1998 court order regarding the Carrowbrowne site.

The 1998 order restrained dumping at the site from January 1999 and also stipulated works to be carried out to rehabilitate the site.

Earlier this month, three local residents alleged dumping had resumed, with large quantities of a "watery sludge" being deposited there. They also alleged the corporation had not carried out restorative works in accordance with the permission. They applied for the sequestration of the corporation's assets and attachment of the Galway city manager, Mr John Tierney.

In his reserved judgment yesterday, Mr Justice Kelly noted this was the third time the Carrowbrowne site was the subject of High Court applications.

The judge found the "marl" which was being deposited on the site last month was "waste" and was unsuitable for restorative works at the site. Other conditions were also breached.

However, a sequestration order would have devastating consequences for the corporation and the committal of an individual to prison could have similar effects. In light of undertakings he had received from the city manager, and the court's appointment of an independent engineer, the judge was not satisfied it was necessary to make the orders sought.

The judge said he would not commit Mr Tierney to prison and would adjourn the application for sequestration to enable the court to receive the report of the independent engineer.