A judge has cleared two Galway farmers of injuring an adult rook and up to four rook chicks along with destroying 10 eggs in up to 17 nests when felling a “very rotten” 110-year-old ash tree near Kinvara last year.
At Gort District Court on Tuesday, Judge Alec Gabbett dismissed the prosecution brought under the Wildlife Act by the Department of Housing against father and son Patrick and Donagh Hogan both of Cahermore, Kinvara. The tree felling occurred on April 13th 2024 on the Gort Road.
Counsel for the department, Michael Clancy instructed by State solicitor for Galway, Rachel Joyce, told the court that as a result of the tree being felled, up to 17 bird nests were destroyed. One dead rook was recovered along with the remains of at least four chicks and about five to seven eggs.
An eye witness to the operation on April 13th 2024, Sabine Springer, told the court she saw birds “imploding” on impact with the ground after falling from the tree.
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However, Patrick Hogan, who felled the tree with a chainsaw, said it was rotten and a danger to the public as it was located only one metre from the local road.
“If wind comes it could do awful lot of damage and kill someone,” he said, adding that a person’s life was more important.
Mr Hogan said that there was ash dieback disease in the area.
His son Donagh told the court that his over-riding concern was health and safety. They had used a cherry picker to investigate the level of damage in the tree, he said, but it would only go to a certain height.
Counsel for the Hogans, Richella Carpenter, told the court that the tree was taken down due to the Hogans’ fear that it injure someone if it fell on to the road.
In dismissing the State’s case, Judge Gabbett noted the tree was rotten and could have come down in the next storm.
He said the tree was “a crucial habitat” and that it was appropriate for the department to bring the prosecution, but added: “I have to be satisfied that these men are guilty of an offence beyond reasonable doubt and I am not satisfied that they knew what they were doing and can be convicted of a criminal offence.
“It is an awful thing to have to ask a farmer to take on this level of liability for a tree.
“The farmers will tell you that trees falling are a huge source of litigation for farmers in Ireland... particularly where they damage walls and damage hedging.
“One of the key aspects of this which gives me great concern is criminalising someone when they were acting having inspected [a] tree and seeing that it was extensively rotten and feeling that it needed to be taken down.”
