Mayo farmer faces prosecution over alleged failure to protect corncrake

An Erris farmer cut a meadow despite receiving a notice that an endangered corncrake was breeding there, it has been alleged.

Peter Lavelle of Carne, Belmullet has pleaded not guilty at the local district court to a breach of the Wildlife Act at Emlybeg, Belmullet, in June 202. The case is understood to be the first of its kind in the country.

Helen Johnson, BL for the Minister for Heritage, said EU member states can designate territories as special protection areas to preserve the corncrake. The defendant was prosecuted after he allegedly mowed a field where the call of a corncrake had been recorded.

Ms Johnson said the defendant received a notice from the National Parks and Wildlife Service (NPWS) in early May 2020 that the bird was on or within 250 metres of his land at Emlybeg, Belmullet. She explained that all fields within or partially within this area were subject to this notice and the NPWS told Mr Lavelle it strongly suspected corncrakes were breeding on his land, and they should be allowed to continue unhindered.

“We believe that cutting vegetation prior to the start of September 2020 would be likely to interfere with the breeding of the corncrake within the special protection area and this would result in a significant adverse impact on the Mullet Peninsula,” the notice stated.

The Mullet Peninsula was described as one of the last outposts for the endangered corncrake in Ireland.

Ms Johnson said the northwest of Mr Lavelle’s field is within the buffer zone of the Mullet Peninsula special conservation area.

The barrister said the defendant was also advised any breaches would be reported to the Department of Agriculture and he would need consent from the Minister for Heritage before cutting his meadow ahead of September 1, 2020.

Liam Loftus, an NPWS corncrake project field officer, said he called Mr Lavelle by telephone and told him a grant for delayed cutting was available through the corncrake grant scheme, but the defendant never applied for the funding.

Mr Loftus explained to the court that corncrake males start calling and establishing a territory in spring and generally remain in the location for several weeks. The NPWS notes and records their calls for five nights to confirm it as a breeding site.

Mr Loftus said the first call from the corncrake at Emlybeg was reported by a member of the public on April 22, 2020, and was “verified” by a second local person.

The field officer, who regularly verified areas as breeding sites, listened from a south-lying main road and said the corncrake was heard on five nights, adding that corncrakes are rarely seen and are identified by sound.

Cross-examined by defending solicitor Peter Loftus, the witness admitted he had only personally verified the sound on one of the five nights, namely April 27, 2020.

“You do not go out every single night to hear the bird, there could be a storm, there could be bad weather in between, so you react to reports and you go out and you confirm the bird on the fifth night,” the field officer explained.

The defending solicitor contended that the field officer did not see the corncrake and only “heard something” in the field but could not be sure exactly where the corncrake was. The legal representative then pointed to a map and stressed that the precise location of the corncrake was established by the NPWS based on a "triangulation of hearing".

“That is the full extent of the encroachment of my client’s land to within the 250-metre buffer,” he said. “He is not one of those who are closer, he is on the very edge, that is where the issue of 250 metres comes from.” 

Mr Loftus also asked the witness if he had taken written notes and the field officer said he had done so but did not have them in court.

Judge Fiona Lydon said it was important the defence had an opportunity to view the notes and adjourned the case until April 10.