By Gordon Deegan
A Co. Clare farmer who escaped jail for animal neglect earlier this year has been fined €2,500 concerning a marked oil offence.
At Ennis District Court, Judge Patrick Durcan imposed the €2,500 fine on 66-year-old Martin Gerald Foley of Lislanihan, Kilkee concerning the marked oil – also known as green diesel – offence from October 2019.
Solicitor for Foley, Joseph Chambers told the court that his client’s financial circumstances “are not great”.
The lawyer stated that Foley “has certain commitments and he is fulfilling those commitments”.
Prohibited from having animals
In March of this year, Martin Gerald Foley cleared his land holdings of all horses in compliance with a life time prohibition order on him not having any animals in his care.
Judge Gerald Keys imposed the order on Foley after allowing him walk free from court by imposing a suspended 18-month prison term on the bachelor farmer.
Judge Keys stated that he could see no benefit in jailing Foley as he is no longer a threat to animals and is no threat to society.
Latest court case
Foley was back before court for the marked oil (green diesel) offence where marked oil is chargeable at a lower rate of excise duty and VAT.
Revenue and custom officers detected the marked oil in a 2010 registered Isuzu jeep owned by Foley in a farm yard at Dough West on the Kilrush Rd at Kilkee, Co. Clare on October 23, 2019.
The solicitor stated that the two “were trespassers on my client’s property. They were not entitled to be there and therefore any action they took on my client’s property was unlawful and wrong”.
However, this legal argument put forward was rejected by Judge Durcan who found that the customs officers were legally entitled to enter Foley’s property with the purpose of testing his fuel.
Joe Chambers stated that his client didn’t wish to go into evidence and Judge Durcan convicted Foley of the marked oil offence.
State colicitor for Co. Clare, Aisling Casey told Judge Durcan that Foley had no previous convictions for similar offences.