A litter charge brought against a Ballina man was dismissed this week after CCTV footage only identified the registered owner of a car seen in the vicinity, but the actual identification of the litterer was not proven beyond reasonable doubt.
Ballina District Court heard that CCTV which is installed at the Humbert Street car park, by Coleman Electronics, on behalf of Ballina Town Council, identified a man emerge from a car — whose registration number was evident on the footage — and dispose of litter outside the recycling bins. The registered owner of the car was Don McLellan, 107 Greenhills Estate, Ballina. On two occasions, in January and February, a man exited from this car and left rubbish.
Defending solicitor John Gordon said this defendant was not identified as the person who littered. Mr Gordon said that as this is a criminal matter, there has to be proof beyond reasonable doubt. Judge Aeneas McCarthy dismissed the charge.
Ballina Town Council also brought a litter prosecution against Krystof Naculak, 32 Massgrove Village, Ballina. The defendant was observed on CCTV to place two bags of rubbish outside the recycling bins in the Humbert Street car park on February 6.
Naculak, who was not in court nor represented, was convicted and fined €500 and directed to contribute €750 in costs.
