A DECISION to financially penalise a former president of the Ulster Farmers' Union for polluting a river was unlawful, a High Court judge ruled yesterday.
Mr Justice Maguire held that the Department of Agriculture failed to provide evidence for a conclusion that Ian Marshall intentionally breached regulations at his Co Armagh farm.
Mr Marshall issued proceedings against the department after his EU subsidy, worth tens of thousands of pounds, was cut by 55 per cent under cross-compliance rules.
The penalty was imposed for silage effluent from his farm allegedly polluting a waterway leading to the nearby River Mowhan between December 2011 and January 2012.
Inspections were carried out following an anonymous tip-off.
During one visit the waterway appeared "grossly" polluted, with sewage fungus extending for more than a kilometre downstream of the farm, the court heard.
Inspectors formed the view that the mismanagement of a diverter device used with an inflow pipe was responsible for its contents being discharged through storm drains to the river.
In 2015 the head of an agency responsible for single farm payments decided to make the deduction.
A higher penalty was imposed because the pollution was deemed to be on purpose.
Mr Marshall insisted it was never intentional.
His lawyers did not dispute the breaches were negligent.
But they argued that the farmer had taken all appropriate steps and complied with requests following visits.
A barrister for the department responded by claiming Mr Marshall was notified about the continued pollution but failed to deal with it.
However, Mr Justice Maguire identified a series of reasons why the decision was flawed.
He held that it was up to the department to prove intentionality on the balance of probability.
The judge also identified a lack of precise evidence for the head of the payment agency's conclusion.
Mr Marshall was also awarded costs in bringing the legal action.
The decision was welcomed by UFU Chief Executive Wesley Aston.
