A prosecution against Dublin Bus for littering at a terminus failed yesterday after a judge said responsibility for the area around bus stops was not clearly defined.
South Dublin County Council prosecuted the bus company after used ticket rolls were found at a terminus in Walkinstown.
Dublin Bus argued that if the litter had been at the bus terminus, it would be responsible but it was on a piece of adjoining land owned and maintained by South Dublin Council.
The litter warden, Mr Tom Casserly, said he went to the terminus at St James's Road, Walkinstown, on October 27th following complaints from local residents.
"It was badly littered with ticket rolls which in my view emanated from Dublin Bus."
He issued an on-the-spot £25 fine to the general manager of Dublin Bus but this went unpaid and a prosecution was initiated.
Judge Timothy Lucey said it was regrettable that "it should come to this" that one State organisation was being prosecuted by another for littering.
The area occupied by Dublin Bus was not defined in the Act and it seemed, in this case, the council was just as much responsible for the land as the bus company.
This was a criminal prosecution in which he had to find guilt beyond a reasonable doubt and he therefore dismissed the charge.