A District Court judge has said he cannot understand how the Radiological Protection Institute of Ireland could hope to succeed in prosecuting a company premises in Tralee which the court heard was a high radon area.
Judge James O'Connor yesterday dismissed two summonses against Tayto Ltd, Clash Industrial Estate, Tralee, Co Kerry, and awarded costs against the Radiological Protection Institute.
The court heard a direction from the institute to carry out radon concentration measurements was addressed to Eamon Fuller, a part-time store keeper, who was the sole employee in the Tralee premises.
Tom Rice, defending, said the premises was also described by the RPII as a "factory" but this was never the case. The letter was directed to Mr Fuller as manager of the Tralee factory.
He said Tayto, whose company headquarters are in Kylemore Road, Dublin, had subsequently carried out a test on the Tralee storeroom and there was no problem with radon.
Judge O'Connor noted a submission from the defence that the legislation specified the letter should have been served on the company's registered office.
"The reality is you fell short of complying with your own stated procedures . . . How you were going to succeed in this prosecution beats me."
In a statement issued after the court, Dr Tony Colgan, director of the RPII's advisory services, said existing legislation did not provide a specific means of issuing a direction.