A JUDGE has refused to throw out a case brought against waste management company Greyhound which is facing prosecution for breaching shipment of waste regulations.
It is alleged that five containers of waste which was of a nature and type that was prohibited from export for recovery to China, India and Indonesia were found at Dublin Port, on January 13 and April 14, 2010.
Dublin City Council are attempting to prosecute Greyhound Recycling and Recovery under Regulation 9 (1) of Waste Management (Shipments of Waste) Regulations 2007 Greyhound Recycling and Recovery.
The company took over Dublin City Council’s domestic waste collection service in January last year.
The case has been brought before Judge John O'Neill at Dublin District Court.
At an earlier stage, Louis McEntagart, counsel for the waste management company which is based at Crag Avenue, in Clondalkin, in Dublin argued that there was a prejudicial delay of about two and a half years in bringing the case. On January 30 last, he had submitted that this impaired his client's right to a fair trial.
Tim O'Sullivan BL, for the council, said the defence had not explained how the delay was prejudicial to waste collection company.
However, he agreed to set out in an affidavit the reasons for the time it took to bring the prosecution. The council was given until February 20 to provide the explanation to Greyhound's lawyers.
However, Judge O'Neill was told today the affidavit had not been prepared in time. Mr McEntagart said the issue of delay had been raised and this was compounded by a hold-up in the council providing the explanation.
He asked the judge for a dismissal.
Judge O'Neil refused to dismiss or to strike out the case. However, he ordered that the council's legal team to have the affidavit ready and handed over to Greyhound's lawyers by March 12. The case was adjourned until a date in April.