Two men charged with unauthorised turf cutting on designated areas of conservation in Co Kerry have launched High Court actions aimed at halting their prosecution.
John O’Connor and Christopher McCarthy, Kilbaha, Moyvane, Co Kerry, are facing trial before Kerry Circuit Court over allegedly extracting turf without authorisation from Moanveanlagh Bog, designated as a special area of conservation.
Both men are seeking High Court orders preventing their prosecution on trial dates not yet fixed.
Counsel for Mr O’Connor, an agricultural contractor, and Mr McCarthy, a machine operator, argued yesterday the offence with which they are charged is unconstitutional and amounts to a disproportionate “blunderbuss” provision.
The proceedings are against the Director of Public Prosecutions, the relevant Circuit Court judge; the Minister for Heritage; Ireland and the Attorney General.
The men’s action is being supported by Independent TD Luke ‘Ming’ Flanagan, spokesperson for the Irish Turf Cutters and Contractors Association, who was in court yesterday. The association is opposed to the European Union directive outlawing turf cutting on certain Irish bogs.
Leave to bring the action was granted, on an ex-parte basis (one side only represented), by Mr Justice Michael Peart.