Longford woman has litter fine 'very reluctantly' quashed on appeal to Circuit Court
The woman was successful in her appeal of an order imposed in the District Court in 2020
A woman who appealed a conviction for littering was successful in her Circuit Court hearing of the matter.
Susan Murphy of 57 Mill Race Park, Drumlish, Longford was before judge Kenneth Connolly appealing an order imposed in the District Court in January 2020.
The District Court conviction related to an incident on December 29, 2018 at the clothing bring bank in Drumlish. The appellant was convicted in her absence of depositing a substance or object, to wit general domestic household refuse, to create litter.
Ms Murphy was convicted and fined €300 in the District Court and ordered to pay costs of €650.
The State's case was that the offence the appellant was convicted of in the District Court took place six years ago and the prosecution no longer had the CCTV footage. It was explained that GDPR legislation prevented the local authority for retaining the data for such a period.
The prosecution had still images on file that were used in the initial prosecution. Ms Murphy, who represented herself in the application, was appealing on the grounds that she had not committed the offence.
The first witness for the local authority, litter warden Declan Murtagh, said Ms Murphy was first issued with a litter fine, but it went unpaid.
Mr Murtagh said CCTV was installed at the clothes and bottle bank in a car park in Drumlish because of persistent littering. The footage showed a car, registered to Ms Murphy, pull up at the bring bank.
A lady and a gentleman got out and removed five large black bags and left them on the ground in front of the clothes bank.
Inquiries were made to the motor tax office about the owner of the vehicle. A litter notice was issued, but it was not paid.
Reminder notices were issued over three months before legal proceedings were instituted.
In January of 2020 the appellant was convicted in her absence at a District Court sitting.
Environmental Awareness Officer with Longford County Council, Garry Brady, gave evidence of taking the stills from the CCTV footage.
In cross examination Ms Murphy said when her elderly neighbour had died she assisted the deceased lady's son to bring clothes to the clothes bank.
Ms Murphy put it to the witness that the still image did not show her removing bags, however Mr Brady explained that as the owner of the vehicle she was responsible in law.
Judge Connolly noted the appellant had been specifically convicted of depositing “general domestic household refuse”. He said the evidence presented to the court did not indicate that the bags contained domestic waste.
Judge Connolly said he would “very reluctantly” allow the appeal. All penalties imposed in the District Court were removed.