Ireland Co Leitrim turf cutters to argue in Supreme Court against prosecution under habitats protection law
Gerry Gearty and Sean Beirne, two men described as Co Leitrim turf cutters, are alleged to have refused National Parks and Wildlife Service officers and gardaí access to Cloneen bog in Co Longford when officers sought access in June 2012. The men face charges at Longford District Court for allegedly obstructing the officers under habitats protection legislation, and the High Court rejected their challenge in July. The Supreme Court then found exceptional circumstances to hear their appeal directly, and the prosecutions are paused while the appeal is pending. As of the latest report on 17 November 2023, no date for the Supreme Court appeal has been set.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court17 Nov
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Two men will argue in the Supreme Court that they should not be prosecuted under habitats protection legislation.
- The men are alleged to have refused wildlife officers access to their bogland.
- Where
- The officers sought access to lands at Cloneen bog in Co Longford.
- The men are named as Gerry Gearty and Sean Beirne, with addresses in Eddercloone, Carrick-on-Shannon.
- When
- The officers sought access to the bog in June 2012.
- Charges
- The men face charges at Longford District Court for allegedly obstructing National Parks and Wildlife Service officers and gardaí.
- In court
- The prosecutions have been paused while the men pursue civil challenges.
- The High Court rejected the men's claim in July.
- The Supreme Court found exceptional circumstances to hear the appeal directly, skipping the Court of Appeal.
- A date for the Supreme Court appeal has not yet been set.
- Other details
- The men allege that section 3(3) of the European Communities Act 1972, which gave effect to the EU Habitats Directive, is unconstitutional.
- The men argue that creating indictable offences by statutory instrument is impermissible.
- Ireland is the subject of European infringement proceedings over alleged failure to halt peat cutting in certain conservation areas.
11 statements extracted from the articles
- whatTwo men will argue in the Supreme Court that they should not be prosecuted under habitats protection legislation. (irishtimes.com)
- whatThe men are alleged to have refused to allow wildlife officers access to their bogland. (irishtimes.com)
- whereThe officers sought access to lands at Cloneen bog in Co Longford. (irishtimes.com)
- whenThe officers sought access to the bog in June 2012. (irishtimes.com)
- chargeThe men face charges at Longford District Court for allegedly obstructing National Parks and Wildlife Service officers and gardaí. (irishtimes.com)
- courtThe prosecutions have been paused while the men pursue civil challenges. (irishtimes.com)
- courtThe High Court rejected the men's claim in July. (irishtimes.com)
- courtThe Supreme Court found exceptional circumstances to hear the appeal directly, skipping the Court of Appeal. (irishtimes.com)
- courtA date for the appeal has not yet been set. (irishtimes.com)
- otherThe men allege that section 3(3) of the European Communities Act 1972 is unconstitutional. (irishtimes.com)
- otherIreland is the subject of European infringement proceedings over peat cutting. (irishtimes.com)
The reporting
newest first- 17 Nov2023Co Leitrim turf cutters to argue in Supreme Court against prosecution under habitats protection law
Reports a Supreme Court appeal on the constitutionality of the 1972 Act provisions used for the charges; the men are facing charges at Longford District Court, which are paused. No date for the appeal is set.
accused, Gerry Gearty, male, named, irish (judged from name)Gerry Geartyaccused, Sean Beirne, male, named, irish (judged from name)Sean Beirne