A pollution prosecution against an ESB subsidiary company, Gort Windfarms Ltd, has been dismissed by a judge at Gort District Court.

The case arose from the Derrybrien landslide in Co Galway last year. A similar case against another ESB subsidiary and a contracting firm is continuing.

The companies are being prosecuted by Galway County Council and the Shannon Regional Fisheries Board arising from the polluting of a local river.

The council claims the pollution happened following the landslide which was 'triggered' by construction work on a €60 million windfarm at Derrybrien.

Today, the court accepted a submission on behalf of Gort Windfarms that the work was being carried out by other contracting firms.

Experts give evidence at hearing

Earlier, engineering and geology experts told the court they believed the landslide was caused by construction activity on the windfarm.

Dr Michael Rodgers, a senior lecturer in civil engineering at NUI Galway, said he was convinced that the landslide on 16 October 2003 was triggered by activity around turbine base Number 68.

Dr Rodgers said he could not accept a suggestion by counsel for main sub-contractor Ascon that the landslide had started further down the hill and had pulled thousands of tonnes of material from above.

Mr Bernard Murphy, an engineering geologist, said he saw no evidence that the landslide was related to a natural event and in his view it was related to construction activity on the site.