The High Court has rejected claims by a waste company, which is facing prosecution for alleged breaches of the Waste Management Act 1996, that a Waste Management Audit Report on its operation cannot be admitted as evidence in its prosecution.
There is a "clear societal interest" in having an effective waste management regime, and Ireland has an obligation under the EU Waste Framework Directive to ensure that waste is recovered and disposed of without endangering human health or permitting the uncontrolled disposal of waste, Mr Justice Kearns said.
The case arose after Swalcliffe Limited, trading as Dublin Waste, and its directors, Mr Louis Moriarty and Ms Eileen Moriarty, were summonsed by the Environmental Protection Agency in September 2002 to appear before Dublin District Court.
Dublin Waste was charged with 14 counts of alleged breaches of its waste licence, contrary to the Waste Management Act (WMA) 1996, while the Moriartys, as directors of the company, were charged with consenting to, conniving in or permitting, by their neglect, the commission of certain offences by Dublin Waste.
During a hearing in February 2003, the prosecution claimed breaches of certain conditions of the company's waste licence were observed at its facility at Upper Sheriff Street, Dublin.
It was alleged there were breaches of the company's obligation of record-keeping in relation to waste arriving and departing.
