A waste disposal company and its director Louis Moriarty are to face a new sentence hearing because of a failure by the DPP to make disclosures during the case.
Defence Counsel for Louis Moriarty and Dublin Waste had argued that Mr Moriarty 'would have got a better bounce of the ball' if the disclosures had been made during the hearing last year.
Louis Moriarty, a hotelier of Griffith Avenue, Drumcondra, pleaded guilty to disposing of waste illegally at two sites in west Wicklow.
Judge Katherine Delahunt said that if the case had been before a jury, they would have been discharged and the matter sent back for a new hearing.
She said a new sentence hearing would be heard before Judge Hunt on 1 February 2010.
