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 - Thu, Jul 20, 2006

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Total Stories: 50          Published: Thu, Jul 20, 2006



Trillick farmer fined after fish kill

A Trillick farmer has been fined £1,250 after leakage from a silo pit on his farm caused a fish kill in a tributary of the Ballinamallard River.

Gabriel McGirr from Longhill Road, was also ordered to pay court costs of £38 and a further £239.46 to cover costs incurred when an analyst was hired to test the pollution levels of the river.

The Court heard that pollution was discovered in May last year when the Department of the Environment was made aware of a fish kill in the Ballinamallard river.

Investigations revealed the pollution had come from a leaked discharge from a storm pipe.

Officials called at McGirr's farm, and spoke to his brother, Francie, who explained the defendant was not at home on this occasion.

When they later spoke to the defendant, McGirr he told the officers:

"I have never had a problem with this pit before. There must be a crack in the pit."

The prosecution explained the remains of 232 brown trout, 50 stickleback and three stone roach were recovered from the river, and indicated that further fish would have been taken by predators.

A defence solicitor submitted that this was McGirr's first offence, and at 51 he had been farming his whole life. He added when his client was made aware effluent from his tank had leaked, he took steps to ensure this would not happen again.

He explained McGirr 'still doesn't know how this happened', and said it was 'a genuine accident' on his client's part, and that he had co-operated fully with the investigation.

Imposing the penalty the RM Liam McNally said: "This is a bad case of discharge, and the extent of the pollution is very high."

Mr McNally said the maximum fine for this offence stands at £20,000, but he also noted McGirr had a clear record and had taken steps to ensure this would not happen again.


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