A case against the ESB subsidiary which was developing a windfarm at Derrybrien, Co Galway, when a landslide occurred there last year has been dismissed.
Mr Tom O'Connell SC, for Gort Windfarms Ltd, a subsidiary of Hibernian Windfarms, which is in turn a subsidiary of the ESB, applied at Gort District Court yesterday to have the case against his client dropped.
Mr O'Connell said that over the past two days the court had heard no evidence of Gort Windfarms carrying out any activities on the site or that it had caused the landslide on October 16th last year. Judge David Anderson acceded to Mr O'Connell's application, saying he did not feel the company could be held liable in the circumstances.
He refused an application to award costs against Galway County Council and was influenced in this by the fact that Gort Windfarms had employed another defendant, ESBI, as project leader on the development.
A joint prosecution had been taken by the county council and Shannon Regional Fishery Board against Gort Windfarms, ESBI Engineering Services Ltd and Ascon Ltd arising out of the landslide. They were accused of allowing polluting materials, including soil and peat, to enter the water contrary to the Local Government Water Pollution Act, 1977.
Applications by counsel for ESBI and Ascon to have their cases dismissed for lack of evidence were refused by Judge Anderson, who said both parties had cases to answer.
Mr Patrick Gageby SC, for ESBI, said his client had a design- and-build contract with Ascon Ltd. He submitted that the evidence to date was not sufficient to criminally implicate his client.
Mr Shane Murphy SC, for Ascon, submitted that there were other possible causes for the landslide which had not been considered.
Earlier, an engineering geologist, Mr Bernard Murphy, had told the court his company was engaged by Galway County Council to investigate the site at Derrybrien on October 23rd, 2003.
He said he believed a number of factors conspired to cause the failures of the land, including placing excavated material on the slopes, the uncontrollable discharge of water from above and around the area and blocking or removing pre-existing drains throughout the site.
In his report Mr Murphy recommended that, if the development was to continue, particular emphasis should be placed on the careful disposal of excavated material at a safe location away from the turbine bases. He recommended a separate investigation of each turbine base to ensure that failure did not recur.
It was his conclusion that the slide was related to construction activity.