The case involved turf being extracted from Monaincha/Ballaghmore Natural Heritage Area raised bog contrary to Section 19 of the Wildlife Amendment Act 2000. The bog spans counties Laois and Tipperary. Pat McEvoy (51), of Blackbull, Birr, Co. Offaly pleaded guilty to the offence at Nenagh District Court, Co. Tipperary on February 9, 2023, resulting in Judge Elizabeth McGrath imposing a fine of €1,000.
Outlining his evidence to the court, a National Parks and Wildlife Service (NPWS) divisional manager explained that the site was designated as a Natural Heritage Area in 2005 for its unique raised bog habitat. He confirmed to the court that turf could only be cut in this area with ministerial consent and no such consent had been issued.
The NPWS divisional manager stated that on the May 11, 2020, he was on a surveillance operation at Monaincha/Ballaghmore Bog with a colleague. The divisional manager said he entered the bog at 7.30am and witnessed the extraction and spreading of peat within the protected site.
When he saw the machines begin to leave the site, he approached the individuals involved in the operation. Having identified himself as an authorised person under the Wildlife Acts, the NPWS officer requested a name and address from McEvoy, which was initially refused. McEvoy subsequently gave his name and address to a member of An Garda Síochána when they arrived shortly afterwards. Judge Elizabeth McGrath imposed a €1,000 fine said she did not accept the defence that McEvoy was unaware that the site was protected. She said that as a sod turf contractor with a number of years’ experience, it was up to him to know where the protected sites were.