Derrybrien firms fined EUR1,200 each

The Department of the Environment has developed new guidelines on the development of wind farms as a result of the landslide at Derrybrien, Co Galway, last year, a court heard yesterday.

Having convicted Ascon Ltd, and ESBI Engineering Services Ltd on Wednesday of allowing polluting materials to enter the water at Derrybrien between October 16th and November 30th, 2003, Judge David Anderson yesterday imposed fines of €1,200 on each of the accused.

The same charge had been dismissed against Gort Windfarms Ltd earlier in the week.

Judge Anderson granted an application by Ms Nuala Butler SC, for Galway County Council, for costs incurred by her client, including legal costs, witness expenses and site investigation fees.

Discussions are to continue between the prosecution and defence teams to agree on a figure for costs.

In another associated case before Gort District Court yesterday, Shannon Regional Fisheries Board took a prosecution against Ascon, ESBI, Gort Windfarms and Hibernian Windpower Ltd for causing or permitting peat silt and solids to enter the watercourse at Derrybrien as a result of the landslide.

The court heard that Hibernian Windpower, a subsidiary of the ESB, owned Gort Windfarms which was the developer and the lessee on the site.

Gort Windfarms had engaged ESBI Engineering Services as its agent for the Derrybrien development and it in turn had engaged Ascon Ltd to design and build the project.

Judge Anderson said the fisheries board prosecution seemed to deal with the same issue as the Galway County Council case and he did not think anybody would be served by allowing the prosecution to proceed against Ascon, ESBI or Gort Windfarms.

Mr Michael Coonahan SC, for Shannon Regional Fisheries Board, said he would not be offering any evidence in the matter of Hibernian Windpower, but he would resist any application for costs by Gort Windfarms.

Judge Anderson rejected an application for costs from Mr Tom O'Connell SC, for Gort Windfarms, saying he would not penalise the fisheries board for casting its net wide in this matter.

In his opening address to the court, Mr Coonahan had said that about 50,000 wild trout in the Owendadullagh River and Lough Cultra had been killed as an initial result of the landslide and this number had probably doubled since.

In addition, the delicate gravel beds that housed fish spawn had been torn away and silt settling on the riverbed at various locations had caused problems with vegetation.

"The result was a very significant interference into the aquatic life of the Owendadullagh River system where prior to this, the water was of a very high quality," said Mr Coonahan.

Mr Patrick Gageby SC, for ESBI in the county council case, said that new construction measures and procedures had been adopted on the site of the windfarm development at Derrybrien as a result of the landslide.

He also said the knowledge gained from the event had led to new guidelines being developed by the Department of the Environment.