Man pleaded guilty at Tullamore District Court
SKELETAL remains associated with a medieval monastery were found when a farmer levelled off some land at a gravel pit in south Offaly, Tullamore District Court heard.
Micheal Talbot (60), Annaghmore, Kinnitty, Birr, pleaded guilty to charges involving the disturbance of a national monument at Knockbarron, Kinnitty on a date unknown between April 4 and April 8, 2024.
Detective Garda Fergus Hogan, Birr Garda Station, told the court that on April 8 last year gardai in Birr received a report that skeletal remains were located at Knockbarron, Kinnitty by the excavation of soil within the previous two weeks.
Detective Garda Hogan visited the site and met two officials of the monument protection unit at the National Monuments Service.
Enquiries determined the site consisted of an old monastery and graveyard and following liaison with State Pathologist SallyAnne Collis, the garda was notified by her that the bones and skeletal remains that were unearthed were of ancient origin.
Following further enquiries it transpired that extensive skeletal material had been exposed as a result of works conducted.
Detective Garda Hogan handed photographs to Judge Andrew Cody and told him the monastery dated from the middle ages.
Defending solicitor Mr Martin said he believed it was from the sixth century.
After viewing the photographs Judge Cody said the offences were shocking and stated: “This is a large scale industrial excavation of an ancient monument.”
Garda Hogan said the work had been carried out at a gravel pit which had started to slip because of the weather and Mr Martin confirmed this, saying there had been torrential rain and two storms and one of his client's animals had fallen off the top of the pit.
The solicitor said there was a monastery and graveyard at the site, plus a surrounding area and it was at the surrounding area where the offences happened.
Judge Cody said a “huge” Hymac had been used, resulting in a “huge heap of soil”.
Mr Martin said the digging had taken place on Mr Talbot's land and he was aware he had to be careful because of the national monument nearby.
“There was an emergency in his eyes at the time in the sense that an animal of his had died by falling off,” said Mr Martin.
He decided to level off the land and in levelling it “this is what happened”. His client had fully engaged with the department and it took a while for the department to get back to him about a preservation order.
Owner and user of the land since 2011, he was aware the gravel pit was close to the monument but it was not one of about six points marked on the National Monuments register.
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Detective Garda Hogan said the digging had taken place about 200 yards from the graveyard and he agreed with Mr Martin that the rain would have exposed the remains anyway.
The garda said there were many skulls, teeth and bones from different parts of the body and they were spread all over where the soil had been disturbed.
He detailed that Mr Talbot gave a full account of his role following his arrest in September last year and explained it was his belief that stripping back the topsoil was urgent because of the heavy and persistent rain and it was his fear that the weight of the topsoil might cause the remainder of the pit to collapse.
The man provided a receipt for a heifer that fell from the pit and that animal was valued at about €1,400.
Judge Cody remarked: “These are monks who have rested in peace for 1,400 years. To be dug up by a Hymac, it's absolutely appalling.”
He said he would have to consider whether he was going to accept jurisdiction but was reminded that he had done so when the matter was previously before the court.
Sergeant Brendan Kearns said the DPP had directed that the matter could be disposed of summarily and the judge was also told Mr Talbot had no previous convictions.
Judge Cody said his note from the previous court date was that land had been disturbed beside a graveyard but this was more serious and remains were “thrown around like dirt” in a field.
Mr Martin said his client had been told by the Department of Heritage that he would be allowed to put up a fence.
Judge Cody remanded Mr Talbot on continuing bail to appear in court again on January 14 next when an up to date report should be presented from the Department of Heritage on the remedial work at the site.
“I regard this as a very serious matter,” said the judge, adding he hoped “the remainder of these monks” could rest in peace for another 1,400 years without Mr Talbot taking a Hymac out again.
Mr Martin told him his client had been taking the matter very seriously.
Mr Talbot pleaded guilty to excavating, digging out or otherwise disturbing the ground in or in proximity to a recorded national monument (archaeological complex number OF036-028) without the consent of the National Monuments Service.
He also admitted failing to give notice in writing to the National Monuments Service of intended works to be conducted at the site of the recorded monument.
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