Farmer caught with green diesel in his van is convicted and fined €2,600 in court
The court was told that the defendant (45) had been invited on two occasions to attend for interview with Revenue officials but failed to do so
A Carndonagh farmer has been fined €2,600 after admitting an offence relating to the possession of green diesel, with a judge warning that failing to cooperate with authorities can have serious consequences.
Joseph Hawes, of 35 Convent Road, Carndonagh, appeared before Carndonagh District Court sitting in Buncrana, where he pleaded guilty to keeping marked mineral oil.
A separate charge of using the fuel was withdrawn by the prosecution in light of his plea.
Outlining the case, State Solicitor Kieran Dillon said the matter arose after An Garda Síochána contacted Revenue officials on February 19, 2025, to report that a vehicle owned by Mr Hawes (45) had been seized.
The vehicle in question was a 2006-registered Peugeot Expert van.
Customs Officer Jason Coyle gave evidence that Revenue was asked to examine the fuel in the vehicle. He told the court that the fuel appeared green in colour and, during roadside testing, showed positive for the presence of prescribed chemical markers associated with marked mineral oil.
Samples of the fuel were taken and sent to the State Laboratory for detailed analysis. The court heard that results were returned in July, confirming the presence of the markers. Documentation relating to the analysis was handed in as evidence.
The court was also told that Mr Hawes had been invited on two occasions to attend for interview with Revenue officials but failed to do so.
Mr Hawes, who has no previous convictions, was represented by solicitor Patsy Gallagher, who outlined a number of mitigating factors.
He said his client is a married man with two children and works as a farmer. The van involved was an older vehicle used for agricultural purposes, and Mr Hawes now accepts that he should have handled the situation differently.
Judge Emile Daly queried why the defendant had not engaged with Revenue when given the opportunity. In response, Mr Gallagher said that his client had acted on informal advice at the time.
“Sometimes people get fireside advice before they get legal advice,” he told the court, adding that Mr Hawes had never previously been in trouble and found himself in an unfamiliar situation. He accepted that his actions were wrong, the solicitor said.
The court heard that Mr Hawes is of modest means and currently in receipt of a Farm Assist payment. Mr Gallagher expressed concern about the potential financial impact of the case, noting that the maximum fine could reach €5,000, although it could be reduced to €2,500 in certain circumstances.
He asked the court to show leniency in light of his client’s early guilty plea, lack of previous convictions and personal circumstances.
In her ruling, Judge Daly said that while she took the mitigating factors into account, the offence remained a serious matter. She imposed a conviction and fined Mr Hawes €2,600, allowing him six months to pay.
The judge also remarked that when individuals are asked by authorities to attend for an interview, it is generally in their best interests to do so.
The court heard that a number of separate road traffic matters involving Mr Hawes remain before the courts and these were adjourned to a later date.