In a private prosecution, Gerard Varley, Waterkeeper with the Cappoquin Salmon and Trout Angling Association, alleged that the six Dungarvan men - Paul Veale, Patrick Ryan, Tony O'Riordan, Michael O'Shea, Seamus O'Shea and Gary O'Shea - had trespassed with the intention of taking fish on waters leased by the Club from Lismore Estates and the Duke of Devonshire.
Gerard Varley told the court that on dates that on six separate occasions between 24 August and 28 September 2001, he and fellow waterkeepers found the defendants fishing on this exclusive stretch of the Blackwater, between Cappoquin and Lismore.
He said the six were not members of the Club and did not have permits to fish there.
The court heard that several of the defendants had been associated members of the Club but were so no longer following a dispute over changes to the rules governing membership.
Defence Solicitor Pat Gordon challenged the legal title which gave the exclusive fishing rights to the Duke of Devonshire.
However, Michael Delaney BL for the Prosecution argued that the Duke of Devonshire had been confirmed by order of the High Court in 1883 and this had subsequently be affirmed on appeal in the House of Lords.
Judge David Riordan then ruled the title issue was not one for the district court.
Mr Gordon then questioned the validity of the warrant under which the waterkeeper operated. Judge Riordan agreed that it appeared "fatally flawed".
He dismissed the charges against all six men because of the warrant, and awarded costs of €2,000 in all to one of the defendants, Tony O'Riordan.
