Farmer given thirty days to sell his herd over cruelty

A farmer has been given 30 days by a Circuit Court judge to sell almost his entire herd of cattle and sheep and pay fines totalling €1,250, for cruelty and neglect of animals on his 160-farm near Craughwell.

Judge Geoffrey Browne made the orders in February of last year at Loughrea District Court after convicting PJ Shiel (46), from Reaskmore, Craughwell, of three charges of cruelty and neglect by leaving two emaciated lambs locked in a trailer without access to food, water or bedding on November 15, 2013 and to permitting the carcass of a weanling to remain unburied in a shed to which a dog could gain access on the same date.

Shiel appealed the severity of the District Court orders to the Circuit Court last week, but after hearing an outline of the facts and that conditions on the farm had not greatly changed since 2013, Judge Rory McCabe affirmed Judge Browne’s orders in full.

However, following submissions from defence barrister Conal McCarthy, Judge McCabe gave Shiel 30 days to comply with the District Court orders by selling the animals and paying the fines.

Judge McCabe also affirmed a further order made by Judge Browne that Shiel could keep no more than five animals on the farm at any given time in future on condition that all necessary veterinary procedures were carried out on the animals.

When the case first came before the District Court in Loughrea, Judge Browne had said the situation on the farm was “an absolute disgrace”  and the defendant had done nothing about it, despite convictions in the Circuit Court in 2011.

“The yard is so toxic that anyone who does work there has to dispose of all of their clothes,” District veterinary inspector Michael O’Brien told the court at the time.

He and other Department officials had carried out several inspections of the farm over the years but Shiel had refused to work with them to improve the welfare of his animals.

Inspector Mick O’Dwyer also told the court in Loughrea that Shiel had 60 previous convictions for cruelty to animals, leaving carcasses unburied, and offences in regard to TB notices.

Mr O’Brien said there were ongoing problems on the farm where there was actually no gates or fencing, except for what was erected by neighbouring farmers, and animals grazed and then came out onto the road.

He repeated that evidence at the appeal hearing last week in the Circuit Court and again expressed grave concern about animals of all ages and sexes being allowed to wander freely.

The lack of de-horning and segregation of animals through the use of proper fencing and animal husbandry was leading to inbreeding and bullying in the herd as well, he said.

The court head there were still 62 cattle and 90 sheep being kept both on the farm in Craughwell and on lands near Athlone in spite of Judge Browne’s orders that they be sold off last year.

Judge McCabe checked the file and observed the appeal had been adjourned on several occasions since it was first lodged before the Circuit Court in April of last year.

Mr McCarthy asked him not to finalise matters just yet and give Shiel more time to reduce his herd gradually to a manageable size.

“To make him sell all his stock is to deprive him of his livelihood,” he said.

Following a suggestion by Judge McCabe, Mr O’Brien agreed to work with Shiel over the coming weeks to sell off the animals.

The judge told him to bring the matter back before the court at any time if Shiel was not co-operating but Mr McCarthy assured him his client would work with Mr O’Brien to resolve all matters.

Judge McCabe then adjourned finalisation of the case until April 14 next.

Mr McCarthy expressed concern his client was being given very little time to comply with the court orders.

“You do not know how high you can jump until the bull is at the gate Mr McCarthy,” Judge McCabe said, before admitting he knew nothing about farming.