Pollution charges against a Westmeath company have been struck out because the prosecuting authority was not ready to go through with the prosecution.
Greenfarm Foods of Glenlough, Rathowen was summonsed on two counts under the Local Government Water Pollution Act.
The company was accused of discharging, causing or permitting the discharge of trade effluent into Glen lough and of permitting polluting matters to enter waters at Glen Lough at Ballygarveybeg, Moygoish, Westmeath on May 7.
Ms Vicky McCarthy on behalf of Westmeath County Council requested on consent an adjournment of the case which was due for hearing at a special sitting of Mullingar District Court.
She said that following a detailed meeting between both sides, it was agreed that a series of works would be carried out by the company.
This process was “progressing very well behind the scenes” she said.
However Judge Conal Gibbons pointed out that the case had been listed for hearing, and that the council “can’t have it every way. Either you’re prosecuting or not”.
The judge said he could not have the case “in the twilight zone”.
He said it was not the court’s function to be involved in the prosecution system and that the progress being made “is not the issue” and has “nothing to do with the court”.
The judge reiterated comments made in Tullamore on Monday that cases listed for special hearings “go on or go out”, according to directions received from the President of the District Court.
Mr David Walsh, on behalf of Greenfarm Foods, said the company would not be entering a guilty plea to the charges.
Ms McCarthy said a hearing date had been sought because the defendants had intended to fully contest the charges against them.
On realising that the case, which was entered in September 08 had previously been assigned a hearing date and been adjourned, the judge insisted that the case go ahead and that the parties bring their witnesses to court.
Ms McCarthy later told the court she was not in a position to proceed, and applied to have the case struck out. It can be re-entered at a later date.
