Case No. 22712Wildlife offence (breach of Section 22, Wildlife Act) · Co. Tipperary · 21 Mar 2021

Borrisokane farmer convicted and fined for shooting two swans

Thomas Hogan of Kylebeg, Borrisokane, Co. Tipperary was convicted at Nenagh District Court on 5 January 2023 of breaching Section 22 of the Wildlife Act for shooting and killing two mute swans on his lands at Ashley Park, Ardcroney, Nenagh, on 21 March 2021, and was fined a total of €1,000.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court23 Jan
  5. Verdictnot reported
  6. Sentenced23 Jan
    2 reports
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
32 statements extracted from the articles
  • whatHe shot and killed two mute swans on his lands at Ashley Park, Ardcroney, Nenagh. (tipperarylive.ie)
  • whatA witness reported hearing gunshots and saw a jeep on the land (tipperarylive.ie)
  • whatDr Ciara Powell found 12 dead swans at the scene but it was hard to ascertain how they all died as they had been scavenged by animals (tipperarylive.ie)
  • whatThree of the dead swans had gunshot wounds (tipperarylive.ie)
  • whatHogan admitted shooting the birds in his direct evidence to the court (tipperarylive.ie)
  • whatTwo mute swans were shot and killed on the defendant's land. (offalyexpress.ie)
  • whereThe swans would have landed on a turlough on the land (tipperarylive.ie)
  • whereHogan rented 24 acres of land with the turlough, which covered about five acres (tipperarylive.ie)
  • whereThe swans were shot at Ashley Park, Ardcroney, Nenagh, Co. Tipperary. (offalyexpress.ie)
  • whenThe swans were shot on 21 March 2021. (tipperarylive.ie, offalyexpress.ie)
  • causeHogan said the increase in swan numbers could be traced to rewetting the bogs in the Midlands forcing swans to find a new habitat (tipperarylive.ie)
  • investigationThe case was investigated and prosecuted by An Garda Síochána with assistance from the National Parks and Wildlife Service. (tipperarylive.ie, offalyexpress.ie)
  • chargeThomas Hogan pleaded to breaching Section 24 of the Wildlife Act at Ashley Park on 21 March 2021 (tipperarylive.ie)
  • chargeThe defendant pleaded guilty to breaching Section 22 of the Wildlife Act. (offalyexpress.ie)
  • courtThomas Hogan of Kylebeg, Borrisokane was convicted and fined a total of €1,000 at Nenagh District Court on 5 January 2023. (tipperarylive.ie)
  • courtThe case had previously been in court in June when Hogan pleaded guilty to breaching Section 22 of the Wildlife Act. (tipperarylive.ie)
  • courtSgt Regina McCarthy outlined the facts of the case in court. (tipperarylive.ie)
  • courtAn NPWS conservation ranger explained the legal options available to Hogan for dealing with swans grazing his farmland. (tipperarylive.ie)
  • courtJudge Elizabeth MacGrath adjourned the case to 15 July to decide penalties (tipperarylive.ie)
  • courtThe case was heard at Nenagh District Court on 5 January 2023. (offalyexpress.ie)
  • courtSgt Regina McCarthy outlined the facts of the case. (offalyexpress.ie)
  • courtAn NPWS conservation ranger explained the legal options available to address swans grazing farmland. (offalyexpress.ie)
  • sentenceJudge John King fined Hogan €500 per swan. (tipperarylive.ie)
  • sentenceHogan was given six months to pay the fine. (tipperarylive.ie)
  • sentenceJudge John King fined the defendant €500 per swan, a total of €1,000. (offalyexpress.ie)
  • sentenceThe defendant was given six months to pay the fine. (offalyexpress.ie)
  • otherHogan had expressed regret and had tried other methods to get rid of the swans (tipperarylive.ie)
  • otherHogan was a dairy farmer who used the grass for silage and as winter grazing for replacement heifers (tipperarylive.ie)
  • otherHogan initially lost around €6,500 and that would have risen to between €15,000 and €20,000 if he lost the full crop (tipperarylive.ie)
  • otherSwans were a protected species and no licence to cull had ever been issued (tipperarylive.ie)
  • otherCompensation could be applied for allowing swans to graze land but Hogan had not liaised with the service (tipperarylive.ie)
  • otherThe three swans found by Dr Powell were mute swans native to Ireland, not the non-native migratory whooper swans Hogan had stated he shot (tipperarylive.ie)

The reporting

newest first
  1. 24 Jan2023
    Borrisokane farmer fined for shooting swans on his land

    Reports the conviction and sentencing of Thomas Hogan for shooting two mute swans in breach of the Wildlife Act, including details of the prosecution by Gardaí and NPWS and the judge's reasoning.

    convicted, Thomas Hogan, male, named, irish (judged from name)Thomas Hogan
  2. 23 Jan2023
    Tipperary farmer who shot swans on his land tells court he was 'left with no option'

    Reports on the court hearing where Hogan pleaded and gave direct evidence about the swan shooting, including his financial losses and the swan population increase; case adjourned to 15 July 2022 for sentencing.

    accused, Thomas Hogan, male, named, irish (judged from name)Thomas Hogan
  3. 23 Jan2023
    Tipperary farmer fined total of €1,000 for shooting two mute swans on his land

    Adds sentencing details: Judge John King fined €500 per swan with six months to pay; the case was previously in court in June when Hogan pleaded guilty; Sgt Regina McCarthy outlined the facts; an NPWS conservation ranger explained legal options for dealing with swans grazing farmland.

    convicted, Thomas Hogan, male, named, irish (judged from name)Thomas Hogan