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Farmer fined €25,000 for destroying ringfort and part of a souterrain Stone Fort Co. Kerry

Submitted by jackdaw1 on Saturday, 03 March 2012  Page Views: 8484

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Country: Ireland (Republic of) County: Co. Kerry Type: Stone Fort or Dun

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A 64-year-old farmer has been fined €25,000 (£21000 / $33000 approx) at the Circuit Criminal Court in Tralee, Ireland for destroying a 1,000-year-old ringfort, which was a protected national monument. In one of the first prosecutions of its kind to come before the courts, John O'Mahony pleaded guilty to carrying out work on the fort on his farm at Causeway in Co Kerry in February 2008, without notifying the National Monuments Service in advance.

[This is how the case was reported in December 2011. See the comments lower down for the latest update]

The court heard that the family of Mr O'mahony, a 64-year-old farmer, owned lands which contained a ring fort and a series of underground tunnels, or souterrains, which dated back to between 500 and 100AD.

The ring fort and souterrain system were deemed to be national monuments of historic importance and had been placed on a national register.

While landowners are allowed carry out works on or near national monuments that are on the register they must contact the Department Environment and receive express written permission from the minister before they proceed.

Judge Carroll Moran was told that in February 2008, without seeking permission from the department, John O'mahony hired workers who demolished the majority of the ring fort and used the materials to fill in a nearby pond which Mr O'mahony believed posed a safety risk to children and livestock.

In the course of the work, the majority of the fort was destroyed while two thirds of the souterrian was demolished.

When the Department of the Environment learned of the demolition they contacted Gardaí in Listowel who launched and investigation.

During the garda investigation, John O'mahony initially claimed he was unaware that the site had any great historical significance.

However it emerged that Mr O'mahony had previously objected to a planning application seeking permssion to construct four houses on the same site on the grounds that it contained a "historical ring fort".

More in The Kerryman

Note: In December 2011 it was speculated that he might be jailed for a maximum of five years. As a commenter has pointed out, €25,000 is 'petty cash for developers'. Please vote in our poll


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"Farmer fined €25,000 for destroying ringfort and part of a souterrain" | Login/Create an Account | 30 News and Comments
  
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Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Anonymous on Saturday, 10 March 2012
You know thinking a little seeper, if I was the guardian of some land, I don't belive people own the earth, the earth mother owns the people, we are given stewardship.
Personally if I had land and discovered something created by our ancient ancestors I would be so priviliged and proud.

These cases beggar belief. Ignorance and/or greed. Detestable.
[ Reply to This ]
    Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by frogcottage42 on Saturday, 10 March 2012
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    I always think of quotes from Chief Seattle, they are all relevant here;

    “We do not inherit the earth from our ancestors; we borrow it from our children”

    “Earth does not belong to us; we belong to earth.
    Take only memories, leave nothing but footprints.”
    [ Reply to This ]

Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Anonymous on Saturday, 10 March 2012
Ignorance is no excuse, even the most stupid person must have had an awareness. This pratt should have his farm confiscated and go to jail. Sacrilige! The Bullring in Derbyshire is in danger. The ground caretaker told me it should have been bulldozed years ago before the housing estate was built then more houses could have gone up.
[ Reply to This ]

Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by frogcottage42 on Tuesday, 06 March 2012
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For those interested in the archaeology of Ireland check out
http://webgis.archaeology.ie/NationalMonuments/FlexViewer/
[ Reply to This ]
    Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Andy B on Wednesday, 07 March 2012
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    Gosh that's new and snazzy. That's what we need here - although not sure about the Flash interface. It's on the list!
    [ Reply to This ]
    Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by frogcottage42 on Wednesday, 07 March 2012
    (User Info | Send a Message)
    I am not a fan of the flash interface, I would prefer something that enabled screen capture as raster or anything that would export to cad but then I suppose it would give us access to free OSI maps ;) If you download the site details as a cad file what you get is a single dot on an otherwise empty screen! I did try overlaying a raster image of an OS map and importing the dot but it is actually easier to just use the map coordinates and do it yourself. It is still a great improvement over the previous monument viewer service.
    [ Reply to This ]
      Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Andy B on Wednesday, 07 March 2012
      (User Info | Send a Message)
      You should already be able to download our sites to CAD via the KML files. To add (free) background maps is an interesting thought as well. We'd better take this into the forum :)
      [ Reply to This ]

Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by frogcottage42 on Tuesday, 06 March 2012
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http://maps.google.co.uk/maps?hl=en&t=h&ie=UTF8&ll=52.474429,-9.707623&spn=0.004575,0.00912&z=16&source=embed

and a cluster of 4 or 5 just 1k to the NE.
Interesting how they chose to build these structures in these locations just a couple of hundred metres from easily defensible cliff edges which would make promontory forts far less labour intensive suggesting these Raths were more about status than defence or practicality.
[ Reply to This ]

Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by frogcottage42 on Tuesday, 06 March 2012
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The nature of this type of monument makes restoration both pointless and impractical.
This was an earthen Rath, that is a circular mound surrounded by one or more ditches which once formed either a habitation platform or an animal stockade. The archaeological significance would have been contained within the strata of the banks and ditch fills and the area once used for domestic activity once disturbed is irrecoverable.
This site with the exception of the souterrain is not made of stone so replacement is impossible.
To put it in context these are not yet rare, some 10,000 examples are known with probably 800 in good condition. There are still some with significant internal structures and others that are still contained in a domestic setting showing a continuity of habitation for upwards of 1500 years.
It is important that this case continues to raise awareness as the remaining structures lack any real governmental protection and are still regularly destroyed.
For those not famili...

Read the rest of this post...
[ Reply to This ]
    Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by davidmorgan on Tuesday, 06 March 2012
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    try looking at any part of Cork or Kerry on Google earth and soon you will spot dozens of these circular enclosures

    Yes, there are 2 more in the neighbouring fields.
    [ Reply to This ]

Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by davidmorgan on Tuesday, 06 March 2012
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On Street View -
View Larger Map
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Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Shingay on Tuesday, 06 March 2012
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This case should be used to set a precedent. The mandatory €25,000 fine should be levied, along with an order that the perpetrator should be jailed and also pay for restitution of the site under the guidance of the appropriate authority with responsibility for this ancient monument.
I don't know if enough information about this site is available to allow a suitable reinstatement. If not then the perpetrator should pay for a complete archaeological investigation of what remains of the site. This is the only way to indicate how important these sites are and discourage others.
[ Reply to This ]

Re: 'Anglo Avenger' ordered by court to halt Achill Stonehenge by Anonymous on Tuesday, 06 March 2012
make the guy put all the stones back with professional help and send him the bill along with his fine.
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Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Anonymous on Tuesday, 06 March 2012
Im living in limerick Ireland,and think its a disgrace that Mr O'mahony was not givin a jail sentence.
I was disgusted to see the smirk on his face,leaving court.
(Im not a hater) where's the justice in it?
The land should be confiscated,and he should be made returnn the stones,as they were.
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Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Anonymous on Monday, 05 March 2012
The farmer should have been imprisoned to stop others following suit.

Reeves, Bow Devon
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Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by ghostlly on Monday, 05 March 2012
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Landowners shouldn't look at themselves as beeing landowners but gaurdians of the land for future generations. We are only here for a short while.
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    Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Blingo_von_Trumpenstein on Monday, 05 March 2012
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    Nice one ghostly. Your sentiment made me shiver from head to toe . . .
    [ Reply to This ]

Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Anonymous on Monday, 05 March 2012
I grew up in Co. Kerry where my family own a farm near Tralee. We have always loved and respected our archaeological heritage. I am horrified that this neighbour could do such a thing and think he can get off with a hefty fine. The man should do jail time!

Cerridwen Fitzpatrick-Connelly
archaeological photo-journalist
[ Reply to This ]

Re: 'Anglo Avenger' ordered by court to halt Achill Stonehenge by Anonymous on Saturday, 03 March 2012
What a disgrace. Makes me think of Tara. At least they prosecuted him. Many were not prosecuted at Tara and much was destroyed. I have a firm belief that karma will deal with it all . . .
[ Reply to This ]

Re: Man faces jail for demolishing ancient ring fort by Andy B on Saturday, 03 March 2012
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Does anyone know what the delay was in reaching a sentence or if there were any genuine mitigating circumstances so as to avoid jail? Any comments from the judge?
[ Reply to This ]
    Re: Man faces jail for demolishing ancient ring fort by frogcottage42 on Monday, 05 March 2012
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    I think the delay in this case is largely due to the lack of precedents on both sides.
    There have been several similar demolitions in recent years but this is among the first to be properly prosecuted.
    Previously some councils have been guilty of similar actions where it suited them and any judgements on this matter must be seen to set a new trend.
    In view of the current massive reduction in land values and house prices the sum of 25k seems about as heavy as could be expected (average Tralee house price having fallen from circa 275k to 150k in past three years)
    It does sound from the press reports however that this man objected to others getting planning on this land because it contained the ring fort and when it's value was consequently lowered by the refusal of planning consent bought the land and within two months hired workers to demolish the Rath.
    This must be viewed as an entirely cynical and greed driven act and I think the judge has sent a clear message with this fine...

    Read the rest of this post...
    [ Reply to This ]

Farmer fined €25,000 for destroying ringfort and part of a souterrain by Andy B on Saturday, 03 March 2012
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Thanks for your comments so far - I have created a new poll:
Do you think €25,000 (~£21000 / $33000) is an appropriate punishment for destroying an ancient fort?
http://www.megalithic.co.uk/pollBooth.php?pollID=81
[ Reply to This ]
    Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Anonymous on Monday, 05 March 2012
    NO! Defibitely not enough punishment to deter others!
    [ Reply to This ]

Farmer fined €25,000 for destroying ringfort and part of a souterrain by Andy B on Saturday, 03 March 2012
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A 64-year-old farmer has been fined €25,000 at the Circuit Criminal Court in Tralee for destroying a 1,000-year-old ringfort, which was a protected national monument.

In one of the first prosecutions of its kind to come before the courts, John O'Mahony pleaded guilty to carrying out work on the fort on his farm at Causeway in Co Kerry in February 2008, without notifying the National Monuments Service in advance.

Mr O'Mahony farms around 40 acres at Clashmealcon near Causeway in north Kerry.

A ringfort and series of souterrains or underground tunnels - which are thought to have been constructed over 1,000 years ago - were on the lands, and these are protected national monuments of historical significance.

Mr O'Mahony hired workers to demolish the majority of the ringfort and the the court was told that the material was used to fill in a pond which Mr O'Mahony believed was dangerous.

The court heard that Mr O'Mahony had not sought permission from the National Monuments...

Read the rest of this post...
[ Reply to This ]
    Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Anonymous on Saturday, 03 March 2012
    Amazingly cheap. Guess developers will be pleased to hear only petty cash is needed to get rid of "obstacles".
    [ Reply to This ]
      Re: Farmer fined €25,000 for destroying ringfort and part of a souterrain by Runemage on Saturday, 03 March 2012
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      So now we watch and wait to see how that land suddenly increases in value now there's no longer a historical site on it. At today's rates, his fine is £20,844.03
      [ Reply to This ]

Re: 'Anglo Avenger' ordered by court to halt Achill Stonehenge by ghostlly on Monday, 12 December 2011
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I hope they lock him up for destroying that site that can never be replaced.
[ Reply to This ]

Re: Man faces jail for demolishing ancient ring fort by Meglett on Sunday, 11 December 2011
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There are many cases like this, mostly its the actual landowner. Isn't it about time that all landowners of similar sites are put on a list and reminded of their "duties" to historical sites of importance? Agriculture and livestock have managed to survive many years by working around these sites or fencing them off.
[ Reply to This ]
    Re: Man faces jail for demolishing ancient ring fort by frogcottage42 on Thursday, 15 December 2011
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    Ironically this site was most probably built to stockade livestock and together with a nearby domestic enclosure this was a typical farmstead from between the early Christian era and the Norman period, now destroyed by a farmer.
    These farmsteads confusingly called forts have in many cases survived very well until recently but in the last few years it has become quite common to lose them to this kind of pointless vandalism.
    There have been several in Cork and Kerry in the last five years or so and the fact that this one has been acted upon is most likely only a reflection of how much spare time the councils have on their hands due to the recession.
    [ Reply to This ]

'Anglo Avenger' ordered by court to halt Achill Stonehenge by Andy B on Tuesday, 06 December 2011
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More news from the courts in Ireland:

Joe McNamara, age 41, came to prominence in Ireland last year when he drove a cement lorry with the words 'toxic bank' and 'Anglo' up to the gates of Leinster House.

He was acquitted of charges of criminal damage and dangerous driving over the incident.

But the so-called 'Anglo Avenger' will be back in court on Friday after the structure -- 4.5 metres high and 30 metres in diameter -- appeared on an Achill hilltop over the weekend.

On Monday, following an application by Mayo County Council, Mr McNamara, with addresses at Achill Head Hotel, Pollagh, Keel, Achill Island and Salthill, Co Galway, gave an undertaking at the High Court he would comply with a court order requiring him to cease the construction work in Achill.

The council intends to bring further proceedings against Mr McNamara.

The matter has been referred to a High Court sitting this Friday.

The enormous circular structure, located on commonage land above Pollagh,...

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