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Displaying items by tag: Courts

One of the Kinsale RNLI volunteers honoured for their role in the rescue of 30 crew from the tall ship Astrid in July 2013 has been jailed for seven years on drug distrubution charges.

As The Irish Times reports, Liam O’Connell was sentenced to 10 years with three suspended after pleading guilty to possession of cannabis, cocaine and MDMA for sale or supply at his home just over a year ago.

At sentencing, the judge said O’Connell has exploited his status in the Kinsale community as an RNLI volunteer to participate in the drugs trade.

The Irish Times has more on the story HERE.

Published in RNLI Lifeboats

The developer behind scrapped plans for the Harbour Innovation Campus in Dun Laoghaire is taking legal action against a tech investor, as The Sunday Times reports.

Philip Gannon filed a High Court case last Wednesday (14 November) against Ian Lucey and his firm Lucey Technology citing “specific performance”, which is often an attempt to compel a party to fulfil contractual obligations.

Neither party would comment on the case, though it is understood to be separate to Gannon’s withdrawal of his Harbour Innovation Campus plans from Dun Laoghaire last month in the absence of a foreshore licence for the earmarked St Michael’s Pier site.

Previous to that, in September, Lucey wrote in a blog post on Medium that he had moved to “step back” from the project “as [Philip Gannon’s] Blond Capital undertook more management, in line with [Lucey Fund’s] model of being a small shareholder in a number of businesses.”

The Sunday Times has more on the story HERE.

Note: This piece has been corrected to remove a previous statement that Philip Gannon and Ian Lucey were business partners. The shareholder agreement clearly states that no partnership was created. We are happy to make this clarification.

Published in Dublin Bay

#FishFarm - Permission granted for a salmon farm to extract water from a Connemara lake is facing a judicial review, as the Connacht Tribune reports.

An Bord Pleanála recently greenlit plans by Bradán Beo Teo, the region’s biggest producing salmon farm enterrprise, to extract fresh water from Loch an Mhuilinn for cleaning and disease treatment purposes after the company was previously blocked by Galway County Council.

But now local environmental activists are behind a proposed High Court review of the way the planning board arrived at its decision.

The Connacht Tribune has more on the story HERE.

Published in Fishing

#Speedboat - A man has been sentenced to six years in prison for the manslaughter of a woman who died after his speedboat crashed in London three years agp.

According to The Guardian, Jack Shepherd (31) was absent from sentencing at the Old Bailey after skipping bail, and police currently have a warrant out for his arrest.

The jurors heard that in December 2015, Shepherd took his date Charlotte Brown (24) to his speedboat on the River Thames while both were under the influence of alcohol, and allowed her to drive the vessel at “full throttle”.

The boat crashed into a submerged log before capsizing and throwing both Shepherd and Brown into the river.

Brown showed symptoms of hypothermia and cardiac arrest when she was recovered from the water, and was pronounced dead later.

Neither Brown nor Shepherd was wearing a lifejacket, and Shepherd — who had previously been pulled over a number of times for speeding on the river — admitted in a police interview that he did not inform Brown, who had no boating experience, about the safety devices on board.

Police also said the speedboat itself had a number of defects, including a ‘wobble’ in its steering.

Mail Online has video recorded by Brown on her phone of part of the pair’s speedboat trip, in which she can be heard commenting that Shepherd was “going so fast”.

Judge Richard Marks QC, in his sentencing remarks, said Shepherd had a “totally cavalier attitude to safety”. The Guardian has more on the story HERE.

Published in News Update
Tagged under

#CheekiRafiki - The director of the yacht company that operated the Cheeki Rafiki — which sank in the Atlantic four years ago, claiming the lives of its four crew — has been given a suspended sentence over the incident, as The Guardian reports.

Douglas Innes of Stormforce Coaching Ltd was convicted last year of failing to ensure the safety of the vessel which was lost in the Atlantic in May 2014.

James Male, Andrew Bridge, Steve Warren and Paul Goslin were lost at sea after their yacht lost its keel amid poor weather around 700 miles off Nova Scotia while the four were returning to the UK from Antigua.

In sentencing, the judge said that cost-cutting at Innes’ business had contributed to the loss of the crew and their vessel, which had not been inspected and did not comply with licences.

Innes, 43, was acquitted at retrial of the manslaughter of the four men

The Guardian has more on the story HERE.

Published in Offshore
Tagged under

A pub row over Olympic sailing and Irish medallist Annalise Murphy ended with a baseball bat attack and a narrowly avoided jail sentence.

As Independent.ie reports, Dublin Circuit Criminal Court heard that Patrick O’Reilly struck Frank Shannon with the weapon after he was jeered for his support of “minority sports” at Tallaght’s Kiltipper Inn on 6 August 2016.

Defending barrister Gaby Dean BL told the court that her client “saw red” at the ridicule and left the pub to retrieve the bat, which which he assaulted Shannon.

Independent.ie has more on the story HERE.

Published in Olympic
Tagged under

#FishKill - Irish Water pleaded guilty to the discharge of deleterious matter to the River Vartry one year ago, at a sitting of Bray District Court this past Tuesday (20 February).

The offence related to the accidental discharge of lime from their water treatment facility at Roundwood, Co Wicklow.

Roisin O’Callaghan, fisheries environmental officer with Inland Fisheries Ireland (IFI), told Judge Kennedy that, on 21 February 2017, IFI received a call that there had been an accidental spill of lime at the water treatment plant.

On investigation, O’Callaghan confirmed that the spill had resulted in a fish kill for approximately 500 metres downstream from the discharge.

A series of water samples were taken and analysis confirmed that the lime spill had altered the pH in the receiving water, resulting in the death of approximately 100 fish.

Irish Water co-operated fully with IFI’s investigation and initiated an immediate clean-up of the site.

Eoghan Cole BL, representing Irish Water, stated that following the clean-up, the Environmental Protection Agency had completed a dye survey on the drainage network to confirm that only clean surface water was discharging to the River Vartry.

Judge Kennedy commented on the significance of the River Vartry in supporting Atlantic salmon, sea trout, brown trout and lamprey.

Irish Water were fined €500 with costs and expenses amounting to €6,937.65.

Published in Inland Waterways

#Training - A marine notice issued earlier this year on accreditation for seafarers qualifications has “no legal basis” and must be quashed, says the High Court.

According to The Irish Times, the court has also directed Transport Minister Shane Ross to recognise British-accredited seafarer training provided in Ireland.

The judgement detailed that the Marine Survey Office was in breach of several EU regulations in failing to approve sea survival refresher courses provided by the likes of Cork Harbour’s National Maritime College of Ireland, which are accredited by Britain’s Maritime and Coastguard Agency.

In addition, the European Commission has given Ireland two months to comply with EU law regarding the mutual recognition of qualifications for seafarers.

The Irish Times has more on the story HERE.

Published in Ports & Shipping
Tagged under

#LoughErne - BelfastLive reports that a man has been charged with the murder of a woman whose body was found in Lough Erne earlier this year.

Lu Na McKinney was recovered from the water by emergency services in the early hours of Thursday 13 April.

As previously reported on Afloat.ie, the 35-year-old mother of two from Donegal was believed to have slipped from the deck of a boat while checking it was tied to the jetty.

Yesterday a PSNI spokesperson confirmed that a 41-year-old man had been charged with her murder and was due before Omagh Magistrates’ Court this morning (Tuesday 5 December).

The man is also charged with possession of a Class C controlled drug, a classification which includes a number of tranquilisers.

Published in News Update

#Shipping - The captain of a cargo ship that ran aground on Rathlin Island last week has been fined £1,000 over his negligence at the helm, as the Belfast Telegraph reports.

The MV Ruyter, which was en route from Russia via Denmark and Scotland, sustained extensive damage to the front of its hull after running aground on the north side of Rathlin Island on the night of Tuesday 10 October.

However the damage was not noted till the vessel arrived at Warrenpoint in Carlingford Lough the following afternoon.

At a sitting of Armagh Court, Judge Paul Copeland found that Aleksandr Iakovotsov had broken international shipping codes over failure to keep a lookout to judge risk of collision, and a separate charge of failing to provide sufficient lookout “during the hours of darkness”.

The Belfast Telegraph has more on the story HERE.

Published in Ports & Shipping
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Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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