Roscommon couple lose appeal over claims fertiliser use damaged their health
Ellen O'Riordan
A Co Roscommon couple has failed to convince a court their neighbours’ fertiliser use has damaged their health, The Irish Times reports.
Judge Senan Allen, of the Court of Appeal, refused to grant an injunction imposing a 100m “pesticide free safety zone” to Marlena Aurich and Scott Manning, who he said presented their case “passionately” and argued it related to a “matter of life and death”.
He said there was no evidence to support their claim that there was “permitted unlawful use of pesticides”. They “could say no more” than Michael Conroy, a suckler farmer, and Patrick Duffy had used pesticides, which both men admitted to doing in a limited manner in line with regulations.
Allen found no error in the High Court finding the couple had failed to establish any arguable causative link between the neighbouring landowners’ activities and their medical complaints. He said certain allegations Aurich and Manning made about the neighbours’ families were “frivoulous and vexatious”.
The pair, who live on an acre of land in Kiltybranks, Co Roscommon, brought a High Court claim against three surrounding landowners: Conroy, Duffy and Patrick McCann, as well as the Minister for Agriculture and an officer in the Department of Agriculture.
Allen’s written judgment noted Aurich and Manning claimed the neighbours were “maliciously administering poisons” and “endangering our lives”. The Minister and officer abused their authority on the use of pesticides, allowing “unlimited use” and causing personal injuries, the claimants alleged.
Aurich claimed she suffered severe pesticide poisoning and attended Mayo University Hospital in early 2020 where doctors ignored her “statement and truth”. Allen said her belief she suffered life-threatening pesticide poisoning was not supported by the hospital doctor, a respiratory clinic or her GP.
Manning alleged he suffered endocrine issues since being exposed to slurry spreading in March 2025. The pair said they sought protection from gardaí, Roscommon County Council and the Department of Agriculture, but none responded satisfactorily.
Conroy, the suckler beef farmer, said he was entitled to use fertiliser for his work and inspections of his land by the Department of Agriculture found nothing of concern. He noted there was no medical evidence linking the medical complaints or the death of the claimants’ two pets to any form of poisoning.
Duffy said he used some pesticide for weed control, as permitted by legislation. He contended the claimants’ allegations were based on personal opinions rather than any medical evidence.
McCann did not appear before the court. The claimants could not prove he had been correctly served with the legal proceedings, so the case against him fell away.
