'Tainted' evidence delays sentencing in illegal dumping case

The sentencing of a waste disposal company and its director, hotelier Louis Moriarty, for illegal dumping in Co. Wicklow will be reheard after a judge ruled that evidence presented before her was "tainted".

The sentencing of a waste disposal company and its director, hotelier Louis Moriarty, for illegal dumping in Co. Wicklow will be reheard after a judge ruled that evidence presented before her was "tainted".

Swalcliffe Ltd , trading as Dublin Waste, of East Wall Industrial Complex, Dublin 3, pleaded guilty, through solicitor Mr Vincent Shannon, to holding or disposing of waste in a manner that caused or was likely to cause environmental pollution on dates unknown between August 3, 2001 and October 22, 2001 at lands owned by Clifford Fenton at Coolnamadra, Donard.

Moriarty, of Griffith Avenue, Drumcondra, pleaded guilty to disposing of waste in manner that could cause pollution at the Coolnamadra site and at Whitestown, Baltinglass on dates in 2001.

Despite the fact the evidence had been heard in the case and a final sentence was due today, Judge Katherine Delahunt ruled that some of the evidence concerning the environmental impact of the dumping was tainted due to a conflict of interests.

She said because it was such a serious matter with a penalty of up to €10m, she could not bring it to finalisation herself.

She put the matter back to February when it will be listed before Judge Tony Hunt.

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