20 June 2006
FERMANAGH FARMER JAILED FOR WASTE OFFENCES
A Fermanagh farmer today became the first person in Northern Ireland to be jailed for waste management offences.
David Edwin Allingham of Slattinagh, Co Fermanagh was sentenced at Enniskillen Crown Court to nine months' imprisonment for breaches of waste management legislation. His wife, Freda Elizabeth Allingham, received a four month sentence, suspended for two years.
The Allinghams were convicted at Omagh Crown Court on 9 May 2006 for breaches of waste management legislation.
Investigations by the Environment and Heritage Service (EHS) on the Allinghams' property in December 2003 showed that an estimated 4,500 tonnes of biodegradable municipal-type waste originating from the Republic of Ireland had been buried on the site.
At trial, Mr and Mrs Allingham pleaded not guilty, but a jury found each guilty on all counts of charges under the Waste & Contaminated Land (Northern Ireland) Order 1997.
Before passing sentence, Mr Justice Babbington stated that there were a number of aggravating circumstances.
Firstly, the dumping was not an isolated incident but had taken place over a period of weeks or months. Secondly, there had been no attempt by the Allinghams to take any corrective action. In addition, Mr Allingham had not co-operated and indeed had obstructed the EHS investigation, although he acknowledged that Mrs Allingham had been co-operative. Finally, Mr Allingham had, by his own admission, been paid to receive the waste.
Mr Justice Babbington emphasised that these were extremely serious environmental offences, the effects of which would persist for years. The defendants had not offered any explanation of their actions until after conviction. He expressed surprise that a farmer would allow such activity to take place to damage land. He also noted that a large proportion of the waste was household waste from Cork and Wexford and that the high costs of disposal of waste in the Republic of Ireland meant that it was tempting for individuals to dispose of waste in Northern Ireland illegally. This was becoming all too common and caused long term environmental damage.
NOTES TO EDITORS:
This is the first time that a prison sentence has been imposed in Northern Ireland for crime involving environmental legislation. It followed a joint investigation by officers from the EHS and Fermanagh District Council.
The controlled waste found on the Allinghams' land at Slattinagh, Co. Fermanagh consisted of biodegradable municipal waste from the Republic of Ireland. Mr and Mrs Allingham pleaded not guilty to the offences but were found guilty by the jury under the following charges:
1. Article 4(1)(b) of The Waste and Contaminated Land (Northern Ireland) Order 1997. The charge related to the treatment, keeping or disposal of controlled waste or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of in or on any land, except under and in accordance with a waste management licence.
2. Article 4(1)(c) of The Waste and Contaminated Land (Northern Ireland) Order 1997. The charge related to the treatment, keeping or disposal of controlled waste in a manner likely to cause pollution of the environment or harm to human health.
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