A Longford man has been given one final chance to clean up his act or he will face a custodial sentence for significant dumping at his home, which was first brought before the courts three years ago and is yet to be resolved.
Jason McDonnell (34), with an address at 71 Ardnacassa Avenue, Longford, appeared before Judge Bernadette Owens at Longford District Court this week, charged with offences contrary to Section 10 of the Waste Management Act.
Mr Frank Gearty, prosecuting on behalf of Longford County Council told the court that the issue has been before the court on a number of occasions since 2021, and that there has been “a significant worsening of the situation”.
“This is a housing estate in the middle of the town. Time was afforded to him to clear it up but he hasn't,” he said.
A Waste Enforcement Officer with Longford County Council gave evidence of how she first visited Mr McDonnell at his home on October 22, 2020, when she ordered Mr McDonnell to remove the waste and provide receipts to prove that he had done so.
A number of photographs were handed into the court depicting the dumping situation on that first day, as well as follow up photos on November 6, 2020, and November 12, 2020.
A number of photos were also provided to the court, which were taken one day prior to Mr McDonnell’s appearance in court.
“This matter has been on the list for a very long time. He's been afforded every opportunity,” said Mr Gearty.
“There was a skip at one stage that appeared to remove waste, possibly from inside, but not from outside the house. The situation has worsened and remains the same in April 2024 as it was when it was first prosecuted in 2021.”
Solicitor for the defence, Mr Diarmuid Quinn informed the court that “a full skip” of rubbish was taken away from the house, making “a slight improvement” in March of this year, but admitted the improvement was “marginal”.
The penalties available to the court for offences under Section 10 of the Waste Management Act include up to 12 months in prison and/or a class A fine, Mr Gearty explained.
He added that there are also costs of at least €2,000 “for the innumerable court hearings and investigations” by Longford County Council.
“There's no getting away from the situation, it's pretty dire,” Mr Quinn accepted.
“He told me he was moving stuff out of the house in preparation for getting a skip. He said he was getting a skip this week and had priced it.
“He's living there alone, having gone through a divorce and he's been trying to do minor improvements on the house when he's not working.”
He added that Mr McDonnell is currently working double shifts so that he can pay for the waste removal.
“He did state he is intending to get a skip. He says he thinks one more skip for €480 and he should be able to get everything else cleared.”
Judge Owens noted the evidence and accepted that a plea was indicated early on, but the court had been unable to progress the matter previously.
“The facts of this case are at the higher end with regard to the level of waste and the period of time that this was before the court,” she said.
“And rather than improve, this case has disproved and in this case, the court has to impose a custodial sentence, but I'm going to hold my hand on that.”
She proceeded to remand Mr McDonnell on bail until May 17, 2024, to give him one final opportunity to clean up the property.
“I expect the entirety of that waste to be cleared by that date,” she said.
“If that is done, I will deal with this by way of a fine and a payment to the council towards the costs.
“If it isn't cleaned up, he will leave me with no choice but to impose a custodial sentence,” she concluded.
