Oxigen applies for Dublin hearing as Cavan jury 'wouldn't be impartial'
Representatives for Oxigen are seeking to have the case the DPP has taken against them and Cavan County Council transferred to a court in Dublin in the interests of receiving a fair trial.
The case could run for up to two or three months, barristers are estimating. Cavan County Council and Oxigen, the waste disposal company that formerly ran the controversial landfill at Corranure for the council, are between them charged with a total of 30 counts of disposal of waste in breach of their licence.
Dated between February 14, 2007 and September 5, 2009, some of the 30 counts are against both parties, while others are against one of the two.
At Cavan Circuit Court on Friday, James MacGowan, BL, for Oxigen made the application to Judge John O'Hagan arguing that it may be impossible for a jury in Cavan to be impartial on the case.
Mr MacGowan told Judge O'Hagan that over 2,000 signatories from the town and county of Cavan were listed on a petition related to the dump, the petition organised by local lobby group, Cavan Better Waste Management.
He said that of 110 witnesses in the case, approximately 30 are from the town and surrounds, and so may be known to members of a Cavan jury.
He also pointed out that issues with the dump had attracted much publicity locally.
"It would be very difficult, if not impossible, to empanel a jury in Cavan that will lead to a fair trial in this matter," he argued.
Representing Cavan County Council, solicitor Jacqueline Maloney pointed out that most press coverage of Corranure dated back to 2008 and 2009.
"Cavan County Council feels it has nothing to fear from the people of Cavan," she said, adding that a Dublin trial would involve increased costs for witnesses travelling from Cavan.
For the prosecution, Monica Lawlor, SC, opposed the application, "on the grounds that the alleged offences occurred within the county of Cavan".
Mr MacGowan advised the court that with 110 witnesses and a box full of exhibits, the case could run for two or three months.
He clarified that while 30 witnesses are from Cavan, the remainder are mostly from Dublin and Wexford, and so would be closer to a Dublin hearing.
Judge O'Hagan, who said he had spoken to the president of the Circuit Court and he would be prepared to assign a judge to come down and hear the lengthy case, returned the matter to the next sitting of the court for his decision.
He said there were "huge issues" to be considered and he was conscious that his decision on this would not be open to appeal.
