Donegal man receives €5,000 fine for green diesel in vehicle

John Boylan, Clar, Donegal Town was convicted and fined €5,000 mitigated to €2,500 for using marked mineral oil on January 1, 2020 at Shanvaus, Manorhamilton. He was also convicted and fined €5,000 mitigated to €2,500 for keeping marked mineral oil on the same date.

Mr Boylan did not appear at Manorhamilton District Court last week but had lodged documents in court which said he is associated with “Living Men”, and a deed of trust was lodged along with a motion to dismiss the case without prejudice signed with a thumbprint.

Judge Sandra Murphy said she reviewed all the documents and “none form any legal defence.”

Leitrim State Solicitor Niamh McGovern outlined that she had sent a registered letter with the date of the hearing but it was returned, however, Gardai confirmed he is still living at that address.

Customs & Excise officer Shane Bradley told the court that on the stated date, he stopped a vehicle at 14.48 and informed the driver the checkpoint was checking samples of fuel and directed him over to his colleague Gary Boland.

He said he observed Mr Boland sample the fuel, which was green in colour and tested positive for a marker. He also observed his colleague seal the samples and inform the driver what was happening. He said the driver, Mr Boylan, started recording the officers. After he was cautioned he said Mr Boylan refused to co-operate.

Customs and Excise officer Gary Boland repeated what his colleague had said and added that he checked the registration of the vehicle which told him the name of the driver was John Boylan, but he said Mr Boylan refused to give his full name and address.

He said he told Mr Boylan he could be charged with obstruction of the law and he said the defendant got into his vehicle and drove off. The Customs and Excise officer said a letter was sent to Mr Boylan asking him to attend an interview about the charges but no contact was made.

Judge Murphy ruled as stated and ordered costs to Ms McGovern on the District Court scale.

She gave Mr Boylan 60 days to pay the €5,000 plus costs.