R v David Edwin Allingham and Freda Elizabeth Allingham
| Jurisdiction | Northern Ireland |
| Judge | His Honour Judge Babington |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NICC 53 |
| Year | 2007 |
| Date | 28 November 2007 |
| Court | Crown Court (Northern Ireland) |
Neutral Citation no. [2007] NICC 53 Ref:
2007NICC53
Judgment: approved by the Court for handing down Delivered:
28/11/07
(subject to editorial corrections)*
Record No: 04/054107
IN THE CROWN COURT
BETWEEN: R. –v-
AND: DAVID EDWIN ALLINGHAM
AND
FREDA ELIZABETH ALLINGHAM
DEFENDANTS
Judge Babington
Following a trial at Omagh Crown Court the defendants were convicted on
9th May 2006 of two offences under the Waste and Contaminated Land
(Northern Ireland) Order 1997 namely:-
2
(1) That they kept controlled waste in a manner likely to cause pollution
of the environment or harm to human health contrary to Article
4(1)(c) and Article 4(6) of the aforementioned order and
(2) That they kept controlled waste in or on land otherwise than under or
in accordance with a Waste Management Licence contrary to Article
(4)(1)(b) and Article 4(6) of the aforementioned order.
Notice had already been given to the defendants and to the court that in the
event of conviction the prosecution would be seeking a Confiscation Order
against the defendants. Counsel for the prosecution confirmed this following the
defendants’ conviction and made application to postpone the confiscation
proceedings under Section 164 of the Proceeds of Crime Act 2002. I granted that
application at that time and on subsequent occasions.
The defendants were subsequently sentenced on 20th June 2006. David Edwin
Allingham was sentenced to 9 months imprisonment and his wife Freda
Elizabeth Allingham was sentenced to 4 months imprisonment, the operation of
which was suspended for a period of 2 years.
It is perhaps helpful to set out briefly the background to the offences.
The defendants lived in the townland of Slattinagh, which is near Garrison, in
the County of Fermanagh. They carried on a farming operation at that location
and on other lands. Freda Elizabeth Allingham was a partner in the farming
operation. She had however worked as a senior staff nurse at The Sheil Hospital
at Ballyshannon in County Donegal for over 30 years and continued to do so.
An investigation was commenced by Fermanagh District Council into these lands
at Slattinagh as a result of allegations regarding the dumping of waste. On a visit
to the property in January 2003 there was evidence of excavations having been
carried out beside the defendants’ house. The Council instructed Invest NI to
carry out a survey of the lands. On 17th July 2003 a notice was issued to the
defendants informing them that the Council would be entering the lands for the
purpose of examination on 27th August 2003.
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