Cork man tried to beat back furze fire with shovel
1 Is To Is For Of The Land Chicks Prohibited 30 Birds Where Time An Important A Is Period Their Burning It And August Nesting As March
A farmer set fire to furze on his own land in Kells, Co Kerry, but he panicked when it got out of control and a conservation ranger encountered him trying to beat it back with a shovel.
At Cork District Court, 44-year-old Maurice Bowler pleaded guilty to a charge contrary to the Wildlife Act of setting fire to uncultivated vegetation three days outside the permitted six-month period for such burning.
Mr Bowler, of The Quadrants, Ballincollig, Co Cork, who inherited family farmland in Kells, was planning to use the land to graze sheep but he faced the prospect of a fine up to €5,000 for the wildlife offence.
In the case prosecuted by barrister Jeff Hitchmough on behalf of the National Parks and Wildlife Service, Mr Bowler was defended by solicitor Killian McCarthy who said the part-time farmer was panicked and distressed when the fire took off, ultimately burning out 12 hectares.
“He could see there was a forest nearby and the fire had spread quite extensively at this point,” Mr McCarthy said.
Conservation ranger Jean Hamilton was in the area and investigated when she saw smoke and ultimately contacted fire services to bring it under control, something that took several hours.
“A southerly wind was blowing the fire up the hill. The fire started on his land and blew on to commonage,” Ms Hamilton said.
Mr McCarthy said Mr Bowler inherited the land in 2016 and keeps approximately 60 sheep to have the land in use.
“He would not be overly familiar with the process of burning land. He was of the belief that he was entitled to do this at certain times of the year. Unfortunately, he was three days out (on March 3, 2023). He is embarrassed to be here and does not intend to be here again,” the solicitor said.
Judge John King said: “It was a huge error of judgment on his part. It could have had serious consequences, not just for him but for his neighbouring farmland. He did not have control of the fire.
“It was his responsibility to know the time when it is permissible to be burning.”
Judge King said that if Mr Bowler paid €600 to the Court Poor Box he would dismiss the charge under the Probation of Offenders Act.
March 1 to August 30 is a period where the burning of land is prohibited as it is an important time for nesting birds and their chicks.