TWO Bantry farmers have been convicted for starting gorse fires on their lands, in what may turn out to be the first prosecutions of their kind in West Cork.
This prosecution was taken by the Minister for Housing, following surveillance by members of the National Parks and Wildlife Service (NPWS).
Teddy McCarthy (50) of Curraglass, Kealkil, Bantry pleaded guilty at Bantry District Court last week to a charge, that on June 1st 2022 in a field in the townland of Inchinroe, he did ‘cut, grub, burn or destroy’ vegetation grown in a hedge or ditch contrary to the Section 40 of the Wildlife Act 1976. He also pleaded guilty to using a tractor in aiding him to commit the offence.
Prosecuting barrister Shane O’Callaghan said the State was withdrawing two other summons against Teddy McCarthy.
Jay Cornish, conservation ranger with the NPWS, told Judge James McNulty that while he was on duty that day he noticed four plumes of smoke coming from the Kealkil direction.
‘These gorse bushes were burning in an uncontrolled manner and at a rapid pace, and it lasted about 20 minutes. There was no one present but I noticed fresh tyre marks and followed them into a field,’ said Mr Cornish.
Mr Cornish eventually caught up with Teddy McCarthy and told him he was investigating a number of illegal fires. He said Mr McCarthy admitted that he lit the fires to cut vegetation gathered by a machine two years ago.
Teddy McCarthy told him: ‘Yes I lit that but what am I supposed to do? I need it for the animals.’ Photos of land damage were handed into court by Mr Cornish. The court heard that Mr McCarthy has no previous convictions.
Solicitor Colette McCarthy said her client’s inherited farm is hilly, gets overtaken by furze, but he needs it for his animals.
‘He is a carer for his mum. He has also been quite anxious about this for the past year. He has certainly learnt his lesson and while he felt he needed to do it, he now knows better,’ said Ms McCarthy.
Judge McNulty convicted and fined him €1,000 on the charge of starting the fires, which was later paid into court. The judge took into consideration the other charge.
Michael McCarthy (86) of Inchinroe, Kealkil, Bantry also appeared in court, pleading guilty to two charges, including burning vegetation on the slope of Douche Mountain on June 1st 2022.
Mr Cornish said he became aware of a wildfire on the mountainous side of Douche at around 4pm. He could see from the roadside large plumes of smoke. He went on foot and saw Michael McCarthy bent down and moving away from a newly ignited fire.
‘I moved closer and told him who I was, cautioned him and he said “I’m doing a bit of burning”. I informed him of the offence and told him no more burning could take place until September 1st,’ said Mr Cornish.
‘He walked away towards his tractor. I then saw him bend down and he ignited another area of vegetation.’
Mr Cornish shouted at him, confiscated his lighter, and repeated his instructions about not starting fires.
Solicitor Flor Murphy said his client lives on his own. He runs a small farm of six to seven acres and was doing ‘a bit of burning’ and he apologised to the court.
‘You would think he’d desist when asked by Mr Cornish to do so,’ said Judge McNulty.
He convicted Michael McCarthy for burning vegetation but deferred penalty to November 9th in order for him to come up with €1,500.
