COUNSEL ACTING FOR two members of the Turf Cutters and Contractors Association (TCCA) who have been charged with unauthorised turf cutting on designated areas of conservation today made an application to the High Court in a bid to stop their trial at Kerry Criminal Circuit Court.
The two men are seeking a judicial review of their prosecution and are seeking declarations from the court that that the creation of legislation by the Minister for Arts, Heritage and the Gaeltacht Jimmy Deenihan, of which they are charged is “unconstitutional, invalid and has not legal affect”.
Prosecution
They are also seeking a stay on their trial at the Kerry court pending the determination of the judicial review proceedings.
PRO for the TCCA, Luke Ming Flanagan TD states that the TCCA have “always strived to deal with this issue by dialogue and negotiation. It is a pity that we have been forced down the legal route. Especially at at time when the country has so many other competing needs for its finances. We have always said that we would fight this on the bogs, in the Dáil and if necessary in the courts. That necessity has now arisen”.
Flanagan stated that the court granted leave to bring the judicial review proceedings, which are now returnable for the 28 April, 2014, with the court also granting a stay on the criminal prosecution until that date or until such further order of the court.
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