Judgment next week on illegal dump in Wicklow

The High Court is expected to give judgment next Wednesday on proceedings by Wicklow County Council over the illegal dumping …

The High Court is expected to give judgment next Wednesday on proceedings by Wicklow County Council over the illegal dumping of hospital waste in the county. The council says it will cost around €20 million to restore and make safe the site.

The council has sued Mr Clifford Fenton, owner of the lands at Coolnamadra, Donard, Co Wicklow, where the waste was dumped; and against Swalcliffe Ltd, trading as Dublin Waste, and its directors, Mr Louis Moriarty and Ms Eileen Moriarty.

Mr Aidan Walsh SC, for Dublin Waste, said his clients were denying personal liability and said there was no evidence to show it was other than a properly-run company.

The court has heard that the waste came from the public Mater Hospital and the private Blackrock Clinic. Mr Walsh said these had a liability and should be before the court but were not for reasons he did not wish to go into. He said Dublin Waste was unaware that one of their sub-contractor lorry drivers was dumping the material illegally when he had instructions to bring it to a legal dump.

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Mr Mark Dunne, for Mr Fenton, asked that Mr Justice O'Sullivan issue a specific order so Mr Fenton would know exactly what was required from him by the court.

He said Mr Fenton was a farmer with abut 120 acres and did not have the kind of finances to pay the high costs outlined by Wicklow County Council for restoring the site.