Archived press release

Friends of the Earth condemns Magistrate in Newtownabbey river pollution case

20 April 2005

Friends of the Earth today condemned the Magistrate who granted an absolute discharge to a company which polluted one of Northern Ireland's best angling rivers. The environmental pressure group was reacting to
news that James Boyd and Sons of Mallusk Road, Newtownabbey had been granted an absolute discharge in respect of a pollution incident last March [1]. The quarry owners pleaded guilty to polluting the Ballymartin
River, a tributary of the Sixmilewater, and were granted an absolute discharge by Resident Magistrate, Mr Nixon.

Describing the defendants in the case as 'persistent polluters' [2], environmental campaigner Lisa Fagan said the judgement sent out entirely the wrong message:

'Mr Nixon's decision to grant an absolute discharge will give comfort to polluters across Northern Ireland but it will anger all of us who enjoy the countryside, especially the angling community who have worked hard
to enhance the Sixmilewater and its tributaries. The decision will also have disappointed officials in DOE Environment and Heritage Service who brought the case.'

Despite legislation [3] which allows for fines of up to £20,000, the Magistrate imposed no fine and granted the company an absolute discharge on payment of £342.92 costs. Ms Fagan continued:

'Clearly Mr Nixon does not understand the devastating costs of pollution for aquatic life, angling, tourism, water sports and countryside recreation. This case illustrates the need for the judiciary to modernise their understanding of environmental crime in order to pass judgement and determine penalties in cases of this nature.'

Friends of the Earth also condemned Mr Nixon's reprimand of DOE in bringing the case to court:

'We are astonished that Mr Nixon questioned the decision by DOE to prosecute the company, given the defendant's promise to carry out works preventing any repeat of the incident. Friends of the Earth has examined dozens of such cases and in each of them the defendant promises to install preventative measures. This defence is the courtroom equivalent of 'the cheque's in the post.'

Ms Fagan went on:

'The facts of the matter are clear: a persistent polluter released a highly polluting substance into one of our best angling rivers; pleaded guilty to the charge; after 13 months has not yet completed the promised
preventative works; was granted an absolute discharge; and the Magistrate reserves his wrath, not for the polluter, but for the pollution watchdog which brought the case to court! Mr Nixon has compounded a shameful decision with an entirely unwarranted reprimand.'

Notes

[1] (back) DOE press release of 20 April 2005, Newtownabbey Company Prosecuted for Pollution of Ballymartin River

[2] (back) Extract from DOE press release:

Evidence placed before the court also included James Boyd & Sons previous record on compliance with environmental regulations. The court was informed that discharges from this site were regularly sampled and
analysed by EHS. On seven of the previous 10 occasions when the company’s discharge had been monitored, before and since this incident, it had failed to meet an acceptable standard.

[3] (back) The Water (Northern Ireland) Order 1999

Friends of the Earth Northern Ireland
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BELFAST
BT1 2FN
Tel: 028 9023 3488
Fax: 028 9024 7556
Email: [email protected]

Published by Friends of the Earth Trust