South Tyrone Man Convicted Of Waste Offences

17 November 2006
SOUTH TYRONE MAN CONVICTED OF WASTE OFFENCES
John McKenna of 27 Old Monaghan Road, Clogher, Co Tyrone, was convicted at Omagh Crown Court on 17th November 2006 for breaches of waste legislation.
Environment and Heritage Service officers, accompanied by an officer from Dungannon and South Tyrone Borough Council, first investigated a site owned by Mr McKenna at Corleaghan Road, Clogher on 8 December 2003. A follow-up visit on 20 January 2004, when a survey was conducted, estimated that over 11,000 tonnes of biodegradable household waste originating from the Republic of Ireland had been buried on the site, and that polluting leachate was escaping from it.
Mr McKenna pleaded not guilty to the charges at his arraignment.
The jury found Mr McKenna guilty on 3 charges under The Waste & Contaminated Land (Northern Ireland) Order 1997. The judge, Mr Justice Finnegan, directed that pre-sentence reports be obtained for the defendant prior to sentencing on 19 January 2007.
The prosecution made application to the court for postponement under the Proceeds of Crime Act 2002, so that an application can be made for criminal confiscation.
NOTES TO EDITORS:
1. The controlled waste found on the McKenna's land at Corleaghan Road, Clogher consisted of biodegradable municipal waste from the Republic of Ireland. Mr McKenna pleaded not guilty to the offences but he was found guilty by the jury under the following charges:
one charge of Article 4(1)(b)(i) 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.
two charges of 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.

Click here to print this press release.