*FILE PIC.
A JUDGE has expressed concern that if a deterrent is not put in place on a County Clare farmer, “we could be back here in three months with ten more cattle dead and carcasses all over his farm”.
Judge Alec Gabbett made his comment at Ennis District Court before imposing a three month suspended prison term on Patrick Cahir (61) of Buncraggy, Ennis, for the neglect of cattle and sheep at his farm between November 2023 and May 2024.
The court heard that only 16 cattle now remain on Mr Cahir’s farm after the Department of Agriculture moved in due to the farm having a mortality rate of two to three bovines dying per week in 2023.
As part of the sentence imposed on Mr Cahir, Judge Gabbett has directed that Mr Cahir comply with all directions of the Department of Agriculture.
Judge Gabbett said that “it is very hard to un-see what I saw here in the pictures provided to the court of the neglect of the animals”.
He said, “One particular photo that stands out is the calf under the gate and left there deceased for a number of weeks. It is very hard to come back from that”.
State Solicitor for Clare, Aisling Casey said that Mr Cahir has agreed to a compliance notice with the Department of Agriculture which limits his stock to 20 bovines and no sheep.
Mr Cahir’s 200 acre farm had 100 cattle and 200 sheep in 2023 and recalling conditions when he came across on his first visit to the farm in November 2023, Dept of Agriculture veterinary inspector, Andrew O’Connor told the court previously that the “cattle had no fodder. They were hungry. They were lean, in poor body condition and scavenging for anything they could get. There was no grass”.
Mr O’Connor said that the mortality rate was too high where you had two to three bovines dying per week.
Mr Cahir first came before the court in July and Mr O’Connor has told the court that improvements have been made since.
Ms Casey told Judge Gabbett that “things have got better but progress has been very slow”.
Solicitor for Mr Cahir, Daragh Hassett said that Mr Cahir has sold five cattle in the past week to bring numbers back down to 16. Mr Hassett said that Mr Cahir’s farm has capacity for a lot more stock.
In response, Judge Gabbett said, “The farm has capacity but he is not able to run a farm of that size and that is the problem”.
Mr Hassett said that “significant improvements” at the farm have been made following the intervention of the Department of Agriculture. He said that Mr Cahir is also benefiting from the assistance of Teagasc which has been very positive.
In response, Judge Gabbett said, “Teagasc is not going to be there every day and bullocks and heifers can’t feed themselves”.
He said, “If he doesn’t turn up at 8am on a Sunday morning they will be bellowing all day for silage – that is the problem. In the past, he hasn’t come on certain days and cattle have died – this is the difficulty the court has”.
Mr Hassett said that a suspended prison term would be a significant penalty for a man who has pleaded guilty and has no previous convictions.
In reply, Judge Gabbett said, “What else can the court do in terms of deterrent? Unless there is a deterrent he will slip back into his old ways very quickly”.
Judge Gabbett said that he wondered sometimes are the Men in Black outside the door of the courtroom and ready to erase the memory of what goes on in the courtroom with their flash “and everyone who has been in the courtroom forgets what happened in here”.
Mr Hassett said that a fine would be preferable for his client but Judge Gabbett said that if he was to impose a fine “that could be mean for woe for the animals where Mr Cahir wouldn’t have enough money to buy a new trough”.
Judge Gabbett said that but for the way the case was approached it would have been an immediate prison term for Mr Cahir.
In the case, Mr Cahir pleaded guilty to neglect or was reckless regarding the health and welfare of animals, namely sheep and cattle between November 17th 2023 and May 23rd 2024 under Section 1(b) of the Animal Health and Welfare Act.
Mr Cahir also pleaded guilty to regulations concerning the disposal of carcasses where he had carcasses of animals, namely cattle and sheep on land which a dog may have had access to.
