A part-time farmer’s attempts to burn furze on his mountain holding to clear it for sheep led to the destruction of 16 hectares of vegetation and took the emergency services several hours to bring under control, a court has heard.
Maurice Bowler (44) with an address at The Quadrants, Ballincollig, Co Cork, pleaded guilty at Cork District Court on Wednesday to burning furze at the family holding at Reacaslagh, Kells, Co Kerry on March 3rd 2023.
It is an offence under the Wildlife Acts to “cut, grub, burn or otherwise destroy” any vegetation on uncultivated land between March 1st and August 31st, a measure designed to protect birds during their nesting season and carrying a penalty of a fine of up to €5,000.
Prosecution witness, Jean Hamilton, a conservation ranger with the National Parks and Wildlife Service, said she was driving to Cahersiveen on the N70 around 1pm on March 3rd, 2023, when she spotted vegetation burning on the hillside so she drove to the scene where she met Mr Bowler.
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He had a shovel and he was trying to beat down the flames which were spreading rapidly. She asked him if he had started the fire and he confirmed that he had as it was his land and he was trying to clear it for sheep grazing. He thought the cut-off date for burning furze was March 21st, she said.
She rang the emergency services as the fire was spreading rapidly and units of Kerry County Fire Brigade arrived at the scene and tried to bring the blaze under control. She left the scene but when she returned, firefighters were still trying to bring the blaze under control and the fire had spread beyond Mr Bowler’s holding, destroying some commonage.
Defence solicitor Killian McCarthy said his client inherited the land in 2016 which was his family farm and although he now lives and works in Cork, he keeps sheep on the land, and he had lit the fire to clear the land of furze so he could graze about 60 sheep on the holding.
“He would not be overly familiar with the process of burning land. He was of the belief that he was entitled to do this at certain times of the year. Unfortunately, he was three days out [on March 3rd 2023]. He is embarrassed to be here and does not intend to be here again,” said Mr McCarthy.
However, Judge John King said that while he would give him the benefit of the doubt that it was a genuine mistake on his part given the proximity of the offending to the actual legal date for burning, the fact remained it was a serious matter which could have had serious consequences.
Informed that Mr Bowler had no criminal convictions for any offence of any kind, the judge said that he would adjourn the matter until October 7th to allow him to pay €600 to the Court Poor Box and if he did that, the judge would dismiss the charge under section 111 of the Probation of Offenders Act.
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