BREAKING: Coolmore company pleads guilty to illegally removing hedgerows on Tipperary farm

A Coolmore company has pleaded guilty to illegally removing hedgerows on a farm in county Tipperary.

Shem Drowne Ltd, registered at an address of Rosegreen, Cashel, county Tipperary, was charged with four counts of breaching EU environmental regulations.

Its two directors, Coolmore executives David Gleeson and Conor Spain, were present for the hearing at Clonmel Circuit Court.

Prosecuting barrister David Humphries outlined the four charges to the court.

Between September and October 2022, Shem Drowne Ltd is alleged to have removed hedgerow in excess of 500 metres without Environmental Impact Assessment (EIA) screening being carried out.

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The company is also charged with the removal of field boundaries on the same date, which exceeded the threshold of five hectares permitted without EIA screening.

Furthermore, Shem Drowne Ltd is alleged to have breached a Prohibition Notice served by the Department of Agriculture in October 2022.

The final charge relates to a separate removal of field boundaries in excess of five hectares between December 2022 and October 2023.

Department of Agriculture Senior Investigator Imogen McGuinness appeared before the court to give evidence. She said the Department was alerted to the situation by Alan Moore of Hedgerows Ireland.

On September 29, 2022, Mr Moore attended the scene of hedgerow removal on lands at Ballygerald East, New Inn, county Tipperary.

Ms McGuinness submitted photographs and played a video in court that showed the level of hedgerow removal that was undertaken.

On inspection and later analysis, the Department of Agriculture established that 1,150 metres of hedgerow had been removed. This exceeded the 500 metre threshold that is permitted without EIA screening.

Ms McGuinness told the court that the hedges likely dated back to the 18th century.

She added that the hedges were a huge source of biodiversity, providing a habitat for flora and fauna.

In removing the hedgerows, Shem Drowne Ltd had restructured the field boundaries and created a field of approximately 6.85 hectares.

This constituted a further breach of EU environmental regulations.

Department Inspector William Larkin attended the scene on October 3, 2022, and spoke to the digger driver who was carrying out the works.

The driver told Mr Larkin that he was working for Coolmore farm manager Joe Holohan and he gave the inspector Mr Holohan’s phone number.

Mr Larkin then called Mr Holohan and asked him to stop all works immediately. A formal Prohibition Notice was issued by the Department on October 4.

In an interview with the Department, Mr Holohan explained that the land at Ballygerald East was owned by Shem Drowne Ltd, which was an entity under Coolmore Stud.

Tim Gleeson from Coolmore Stud said that the lands were held in trust for Shem Drowne by the owners, JP Magnier and Katherine Wachman.

Ms McGuinness said that at that point, two clay banks at the base of the removed hedgerows remained in place.

She told the court that these could have been used to regenerate the removed hedges.

However, the clay banks were later removed on a date between December 2022 and October 2023.

This constituted a breach of the Prohibition Notice that was issued in October 2022.

The Department wrote to Mr Holohan on October 17, 2023, and informed him of the breach.

The court heard that Mr Holohan had authorised the removal of the clay banks while he was away in the UK.

By again restructuring the field boundaries, Shem Drowne Ltd created a field of approximately 18.58 hectares and further breached regulations.

Ms McGuinness said that the company’s directors were subsequently invited to attend an interview with Department officials, but they “politely declined”.

She also told the court that although Shem Drowne had planted over 2,200 metres of new hedgerows on the site, this was a single species and was “not like for like”.

These hedges, she stated, provide no food source for animals and no shelter for wildlife, she added.

Barrister Suzanne Gorey, representing the accused, said that her client had agreed to cease works originally and had made efforts to replant the hedgerows.

She added that Shem Drowne Ltd “didn’t mean to disrespect” the Prohibition Notice which had been served in October 2022.

Ms Gorey noted the company’s guilty plea, which she argued had saved the court and the Department a significant amount of time and resources.

Judge Deirdre Browne said she wanted more time to hear the mitigating evidence and adjourned the case until March 10, 2026.