Case No. 18959Wildlife crime (damage to freshwater pearl mussel habitat) · Co. Donegal

Donegal landowner fined €11,000 and ordered to allow NPWS staff onto land over mussel habitat damage

Richard Homer, a man from County Donegal, cleared vegetation, disturbed the bank of the River Eske in Milltown and dug drains to the river with a digger on his lands, work that sources say caused sedimentation which killed hundreds of freshwater pearl mussels. He had pleaded not guilty to all three charges, but Donegal District Court found him guilty on 13 June 2022, fined him a total of €16,500 and ordered him to allow NPWS staff onto his lands to help restore the habitat. Homer appealed to Donegal Circuit Court, and the outcome reported on 6 December 2023 kept fines totalling €9,000, reduced costs so he must pay €11,000 in total, and set a three-month deadline for NPWS access to the land.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In courtnot reported
  5. Verdictnot reported
  6. Sentenced6 Dec
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Richard Homer cleared vegetation, disturbed the bank of the River Eske in Milltown and dug drains to the river using a digger on his lands.
Where
The land is in Milltown on the River Eske, in County Donegal, and Homer is from County Donegal.
When
The digger was used on Good Friday during the first Covid lockdown in 2020.
Cause
The work caused significant sedimentation in the river, which killed hundreds of freshwater pearl mussels and stressed the survivors.
Charges
  • Homer pleaded not guilty to all three charges.
  • Homer was found guilty of wilfully disturbing the breeding and resting place of a protected wild animal under Section 23 of the Wildlife Act 1976.
In court
  • Donegal District Court found Homer guilty on 13 June 2022.
  • Homer was ordered to allow NPWS staff onto his lands to help restore the habitat.
  • Homer appealed the District Court case to Donegal Circuit Court.
Sentence
  • On 13 June 2022 Homer was fined a total of €16,500 in Donegal District Court.
  • The Circuit Court kept fines totalling €9,000, reduced costs on the first charge to €2,000 and vacated costs on the other two charges.
  • Homer must pay €11,000 in total, and an order requires NPWS staff to be allowed onto the lands within three months.
Other details
The Circuit Court appeal outcome was reported on 6 December 2023.
11 statements extracted from the articles
  • whatHomer cleared vegetation, disturbed the bank of the River Eske in Milltown and dug drains to the river using a digger on his lands. (thejournal.ie)
  • whereThe landowner is from County Donegal. (thejournal.ie)
  • whenHomer was found guilty and fined a total of €16,500 in Donegal District Court on 13 June 2022. (thejournal.ie)
  • whenThe digger was used on Good Friday during the first Covid lockdown in 2020. (thejournal.ie)
  • causeThe work caused significant sedimentation in the river, which killed hundreds of freshwater pearl mussels and stressed the survivors. (thejournal.ie)
  • chargeHomer had pleaded not guilty to all three charges. (thejournal.ie)
  • chargeHomer was found guilty of wilfully disturbing the breeding and resting place of a protected wild animal under Section 23 of the Wildlife Act 1976. (thejournal.ie)
  • courtHomer was ordered to allow NPWS staff onto his lands to help restore the habitat. (thejournal.ie)
  • courtHomer appealed a District Court case to Donegal Circuit Court. (thejournal.ie)
  • sentenceThe court kept fines totalling €9,000, reduced costs on the first charge to €2,000 and vacated costs on the other two, so Homer must pay €11,000 in total. (thejournal.ie)
  • sentenceAn order requires NPWS staff to be allowed onto the lands within three months. (thejournal.ie)

The reporting

newest first
  1. 6 Dec2023
    Landowner who decimated rare mussel habitat fined €11k, ordered to allow NPWS staff onto land

    Reports the Circuit Court appeal outcome: fines of €9,000 retained, costs reduced so the total is €11,000, and an order for NPWS access to the land within three months. The original conviction and €16,500 fine date from 13 June 2022.

    convicted, Richard Homer, male, named, irish (judged from name)Richard Homer