Crow banger to be tested for decibel levels - Judge

Sinead Kelleher

Judge David Waters had said that 'expert evidence' is needed before he can make a decision on exactly how loud a crow-banger was in a civil case over a device being used by a Kilgarvan farmer to protect his livestock.

The civil case is being taken by Tracy Barrington of Brook Cottage, Kilowatt, Kilgarvan against Eamon Horgan of Suiomh Alainn, Kilgarvan came before Kenmare District Court last week under the Environmental Protection Act.

Solicitor for Ms Barrington, Conor Murphy, told the court that under the Environmental Protection act the Judge has a number of options - including ordering the noise to be reduced or to make an order on the frequency or times of use of the crow banger.

Mr Murphy said that the "decibel level" of the crow-banger is crucial to the case.

Judge Waters said that he cannot make a decision on the issue unless some-one tells him the noise is too much.

"How can I make a decision under this act without technical know?

"What is required is some technical advice."

Judge Waters said that he had to make a decision on whether Ms Barrington is being reasonable or unreasonable.

The court heard that the crow-banger has been off since the case began, so testing it is a difficulty and Mr Horgan agreed to keep it off until the hearing which will now take place on June 1.

In the interim the noise of the crow-banger will be tested.

"Technical evidence is needed to decide whether it is reasonable or unreasonable."