A part-time Kerry 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 the blaze under control, a court has heard.
Maurice Bowler (44) with an address at The Quadrants, Ballincollig, Co Cork pleaded guilty at Cork District Court yesterday to burning furze (gorse) at the family holding at Reacaslagh, Kells on March 3rd 2023, contrary to Section 40 of the Consolidated Versions of the Wildlife Acts.
Section 40 deems it an offence to “cut, grub, burn or otherwise destroy” any vegetation on uncultivated land between March 1st and August 31st and is designed to protect birds during their nesting season and carries 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.
He had a shovel and he was trying to beat down the flames which were spreading rapidly and 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.
She asked him did he know that the burning season had expired three days earlier and that he could not burn vegetation from March 1st until August 31st but he said he thought the cut-off date was March 21st and that was why he had lit the fire.
She said that she asked him was he burning the vegetation on his own and he confirmed that he was and had no help with him, so 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 said that she left the scene and continued to Cahersiveen but as she returned around 4pm, she noticed that firefighters were still trying to bring the blaze under control and in total the fire spread beyond Mr Bowler’s holding and destroyed some 16 hectares of land, much of it commonage.
Ms Hamilton told prosecution barrister, Jeff Hitchmough BL that the purpose of the legislation and the six month ban on burning of vegetation on uncultivated land from March until August was to protect birds as that was their nesting season.
She said that Mr Bowler was very stressed at the scene, and she did not take a cautioned statement from him but he later agreed to meet for interview and he confirmed after caution he had lit the fire, was burning the vegetation on his own and thought he was within the legal time period.
Defence solicitor Killian McCarthy put it to Ms Hamilton would she accept that his client was very distressed at the time and was trying to dig a trench with the shovel to create a fire break and she said that she didn’t see him doing that but he was using the shovel to try and beat down the fire.
Mr McCarthy said his client inherited the land in 2016 which was his family’s farm and although he now lives and works in Cork, he keeps sheep on the land and he had lit the fire, as he had seen his father do in years past, to clear the land of furze so he could graze around 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 3 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.
“It was a huge error of judgement on his part. It could have had serious consequences, not just for him but for his neighbouring farmland. He did not have control of the fire. It was his responsibility to know the time when it is permissible to be burning.”
Informed that Bowler had no criminal convictions for any offence of any kind, Judge King said that he would adjourn the matter until October 7th to allow him pay €600 to the Court Poor Box and if he did that, he would dismiss the charge under Section 111 of the Probation of Offenders Act.
