Three businesses in Tralee, Co Kerry were yesterday asked to pay into the court poor box after they failed to carry out tests for the potentially deadly radon gas in their premises in the high radon area of north Kerry.
All three had since tested clear.
Judge James O'Connor refused a request by the prosecutor, the Radiological Protection Institute of Ireland, to impose convictions and he also refused the institute's application for costs against each of the defendants.
The cases were brought under the Radiological Protection Act 1991, for failing to carry out a direction of the institute. At the national forum of the institute in Tralee last year, it was explained that in 2002 employers in Kerry and Clare had been asked to carry out measurements for the gas. Tralee and Ennis, both limestone areas, have emerged as high radon areas.
However, the institute said the fact that the underlying rock was not limestone was no guarantee of low radon; the institute had found high levels in areas where there was no limestone and low levels in limestone areas.
A house in Castleisland had shown one of the highest radon readings ever recorded. It was tested when two residents, both non-smokers, contracted lung cancer.
Bolger Fabrications Ltd, Riverside House, Fels Point, Tralee, pleaded guilty to failing to measure radon concentration and failing to submit results as directed by the institute within six months from July 28th, 2004.
Dentist Dr Colette Brassil, Pembroke Street, Tralee, also pleaded guilty to failing to carry out tests as directed in June, 2004. A third business, Corcoran Food Equipment Ltd, Rock Street, Tralee, also pleaded guilty to failing to test for the gas.
The judge asked each of the three defendants to pay €500 into the court poor box.