An anti-mining protestor has been charged with aggravated trespassing  after chaining himself to the gates of mining premises in Omagh, preventing entry of security staff and obstructing their activity.

Paul Morrison of Park View, Pomeroy is alleged to have committed the offence at the Dalradian site at Camcosy Road, which interfered with lawful safeguarding and protection.

A police officer told Omagh Magistrates Court the charge could be connected, however this was opposed by defence counsel Fintan McAleer.

He challenged the validity of the charge and put a series of questions to the officer.

She advised the matter was reported to police just after 4pm on 13 March and accepted there is a second side entrance to the premises through a pedestrian gate.

She also confirmed she was aware in order to succeed with a prosecution under the legislation applied, the activity of the land occupier must be lawful.

However when asked if under the same legislation, the lawful activity should be limited to integral acts on the site, the officer replied: “I’m not aware of that particular detail.”

Defence counsel asked what enquiries police have made into the Planning Permission status or lawfulness of any activity by the exploration company at the site.

The officer replied: “I am not aware of any such investigation, however that’s not to say there hasn’t been one.”

She was asked if police are aware the exploration company do not have Planning Permission; are in breach of that previously granted in 2014, and have made an application under non-compliance, which has not yet been decided upon.

The officer was not aware but confirmed the issues of lawfulness at the site were raised by the defence when Morrison was being interviewed.

Finally, when asked if police are aware the site borders a designated special conservation and scientific interest area, the officer replied: “I don’t feel I can comment on that as I don’t have the specific knowledge at this time.”

Mr McAleer told the court: “Given the questions around the lawfulness of the site and the nature of the case overall, it might be appropriate to dismiss.”

Deputy District Judge Sean O’Hare remarked: “My only difficulty is the careful wording chosen by the Prosecution specifying the operation of security gates at the premises, not the operation that may or may not be going on inside.”

While Mr McAleer acknowledged the wording may be changed at a later time he said: “I make the case as the charge stands it should be in terms of the principle activity on the site and not in safeguarding it.”

Prosecution counsel argued: “This is matter for trial or in establishing the defendant has a case to answer. A specific criminal offence by the landowner or user has to be identified. The very fact the defence concede an application hasn’t been decided upon tends to suggest it is not possible at this stage to say or determine criminal activity is taking place.”

After taking time to consider, Judge O’Hare said: “This court must thoroughly examine the basis for the arrest and connection of the accused. The challenge is to the lawfulness of that. I have concluded there is sufficient evidence to connect to the carefully worded charge. I make no comment on any future application or amendment. But the lawful activity is defined within the charge in a particular way.”

Adjourning the case for mention next month, the Judge remanded Morrison on continuing bail which includes a ban on being within 500 metres of the site.