THE OPERATOR OF the luxury, five-star Carton House hotel and golf course in Co Kildare caused significant environmental damage to an EU-protected habitat when vegetation was allegedly illegally cut because wasps were “stinging ladies”, a court has heard.

Belmullet Hospitality, which operates Carton House, Maynooth, Co Kildare appealed convictions and fines related to the cutting of vegetation within a Special Area of Conservation without ministerial consent before a sitting of Naas Circuit Criminal Court.

The company was found guilty of two offences contrary to European Union Habitats (Rye Water Valley/Carton Special Area of Conservation) Regulations 2018 at a sitting of Naas District Court in November and fined €8,000.

Belmullet Hospitality had pleaded guilty to the topping and clearing of rough vegetation within the Special Area of Conservation (SAC) at Carton Demesne on 9-12 August, 2021 without ministerial consent and the related offence of procuring a contractor to carry out such work.

However, counsel for the company, Henry Kelly BL, appealed the convictions and fines on Monday on a number of procedural grounds relating to the proof of documents and evidence.

“There isn’t a scintilla of evidence linking what occurred to the defendants,” Mr Kelly argued.

A regional manager with the National Parks and Wildlife Service, Kieran Buckley, gave evidence that he noticed “very significant damage” to the riparian zone within the SAC between the River Rye and the golf course when he visited Carton House on 13 August, 2021.

Mr Buckley said the vegetation was cut in an eco-system that was “sensitive to destruction and change.”

“It is hugely important to nature conservation,” he added.

The witness told the court that the SAC was a protected habitat for the Desmoulin’s whorl snail.

“You can’t go into these areas and do as you like,” said Mr Buckley.

He said the alleged offences had occurred during the height of the snail’s breeding season.

Mr Buckley told counsel for the Minister of Housing, Local Government and Heritage, William Maher BL, that the purpose of the legislation was not to stop work from being carried out in the SAC but to ensure it did not “disturb and destroy habitats.”

The witness said there was “no way” that the defendant would have obtained permission to carry out the work if it had sought consent from the minister because of its scale and the time of the year.

Mr Buckley said the Desmoulin’s whorl snail was regarded as a vulnerable species whose numbers had already significantly declined in Ireland due to the loss of habitat.

He told the court that he had identified 11 areas where damage had occurred within the SAC during what was also the bird-nesting season, while there was also a significant amount of damage outside the SAC which would have had “a domino effect” on the SAC.

The damaged area was over a 1.2km stretch of riverbank around two metres in depth, amounting to 0.82 acres.

Mr Buckley said chemicals could wash from the “highly manicured” golf course directly into the river because of the loss of vegetation.

He expressed concern it could also result in increased nutrients entering the river which would impact on protected plant species within the SAC with an added risk of alien invasive species on the site.

Mr Buckley said a tree beside the river had also been “obliterated.”

The court heard that a groundsman at Carton House, John Plummer, had been cautioned by Mr Buckley on 16 August, 2021 based on responses he gave in reply to questions from the NPWS official.

The witness said Mr Plummer declined to make a statement on the issue.

Mr Buckley said he understood the vegetation was cut to remove a wasps’ nest as wasps were “stinging ladies.”

He added: “The rationale in my mind certainly does not stack up.”

Mr Buckley said he had also met with Gerard McGovern in November 2021 after he had been established as the person who had carried out the work in the SAC.

The court heard Mr McGovern was also cautioned and declined to make a statement to the NPWS.

Other NPWS witnesses gave evidence that the company was notified in writing in 2018 about their obligations to abide by the regulations governing the SAC.

Judge Martina Baxter directed that both parties make written submissions on the case by 25 October because there were “a lot of issues to consider.”

The judge said she would deliver her ruling in the case in December.

Carton House together with an estate of around 1,100 acres was bought by Irish-American businessman John Mullen in 2017 for €57 million.

The Carton Demesne, which was the ancestral seat of the Earls of Kildare and Dukes of Leinster for over 700 years, has also been used as a location for films including Barry Lyndon and Leap Year and TV series including Love/Hate.

The estate is also well-known as a training base for sports and has been used in recent years by the Irish rugby team and Dublin Gaelic football team as well as soccer clubs including Chelsea, Newcastle and Real Madrid.