Mobuoy illegal dump duo still not given any sentence over a year-and-a-half after admitting crimes

The case has now been before the courts for nine years.

The news emerged after the News Letter queried what the Department of Agriculture, the Environment and Rural Affairs is doing about the Mobuoy dump in Co Londonderry.

It followed a hearing on April 18 before Stormont's environment and farming committee.

There, a local businessman, Daniel McAteer, had decried what he sees as the government's inertia when it comes to dealing with the enormous unlicenced dump, which was halted in 2012, telling the committee that a plan he has submitted for clearing the site has never been considered, for "no justifiable or defensible reason".

Mobuoy is thought to hold 1.6m tonnes of mixed waste.

A journalist in a BBC radio documentary about the site in 2023 described it as "one of the biggest environmental crimes to ever happen in the UK".

In September 2022, Paul Doherty (64), a director of Campsie Sand and Gravel Ltd from Culmore Road, Londonderry, pleaded guilty to seven offences linked to the site.

The same month the firm City Industrial Waste Ltd and its director Gerry Farmer (53), of Westlake, Londonderry, pleaded guilty to three waste offences each.

All the offences were committed under the Waste and Contaminated Land (Northern Ireland) Order 1997, Section 4.

Under that section, the maximum penalty is five years in jail, plus a fine.

A number of similar charges have been 'left on the books' (meaning they are paused and can be re-activated later).

Sentencing was meant to happen in November 2022, but still hasn't.

This came to light this week when DAERA was asked to respond to Mr McAteer's comments to the committee.

The department said: "Identifying the best way to deal with the contaminated land at the Mobuoy site and protect water quality is a key priority for DAERA…

"The size and complexity of the site means that its remediation will not be a quick fix.

"In parallel to this work, NIEA continues to pursue a criminal justice outcome against three defendants who have pleaded guilty to seven waste offences at the site."

Pressed on what the department meant by "continuing to pursue a criminal justice outcome", it revealed that "sentencing has not taken place".

It said a 'Newton hearing' is due at Londonderry Crown Court on May 8, 2024.

Legal research firm Lexis Nexis says a Newton hearing is where "there is disagreement with the prosecution as to the material facts on which the defendant should be sentenced".

It adds that "the burden of proof lies with the prosecution to satisfy the court beyond reasonable doubt that their version of events is correct".

The department said that "the criminal investigation, which has been before the courts since 2015, concerns the unauthorised disposal of an estimated 627,000 tonnes of controlled waste".

It added that it is also seeking to recover money under the Proceeds of Crime Act as part of the case.

For example, just last week we reported how it had taken over two-and-a-half-years and seven court hearings for the Department of Agriculture, the Environment and Rural Affairs and the PPS to prosecute NI Water (another arm of the state) over a sewage spill, resulting in a mere £250 fine:

• How it took the Northern Irish state took over two-and-a-half years to fine itself £250 for a pollution spill

When asked why it is taking so long to sentence two people who admit their crimes, the PPS said only that the Mobuoy case was “complex”.

It added that, with a pending hearing, it would not be appropriate to comment – a comment echoed by the Lady Chief Justice’s Office (responsible for the judiciary).