*Asba Meats.
A JUDGE has stated that it is hard enough being a farmer in Ireland today without getting paid.
At Ennis District Court, Judge Alec Gabbett made his comment when convicting Shannon based Halal meat plant operator, Asba Meats Ltd over the non-payment of €10,059 for cattle delivered to the slaughter plant by a west of Ireland farmer, Pat McGrath.
The civil case was brought by the Agri-Food Regulator following a complaint by Mr McGrath and the case is the first conviction for a breach of the unfair trading practices (UTP) Regulations.
As part of the penalty against Asba Meats of Beechpark Logistics Centre, Smithstown Industrial Estate, Judge Gabbett ordered the firm to pay a hefty district court costs bill of €10,163 (incl VAT) along with a €1,000 fine.
Asked for more detail on the costs, solicitor, Jonathan Moore of Fieldfisher Ireland LLP for the Agri-Food Regulator, told Judge Gabbett that his hourly rate to the regulator is €300.
Mr Moore agreed with Judge Gabbett who said that hourly rate is transparent and has been subject to open tender.
Judge Gabbett said that Asba Meats Ltd wouldn’t have to pay such costs if the firm had paid up the debt from early on.
He told Mr Moore, “In other words, you have spent many hours on this and it could have been resolved on”.
Mr Moore said that officials from the regulator first visited the Asba Meats plant in October 2022 on the issue and that the regulator advanced other methods other than court to try to get the matter resolved.
Mr Moore said that “there was a good deal of chasing” in trying to get the monies repaid.
Mr Moore said that Mr McGrath has now been fully paid after the firm paid the outstanding €5,000 in the day before court.
Judge Gabbett said, “This man chose to go to the regulator in order to get paid – he is now paid in full, but by God has he had to wait a long time and that is not very comforting to the farmers of Ireland who are trying to survive”.
Accounts presented to the court showed that Asba Meats Ltd recorded revenues of €11m for 2022.
Judge Gabbett said that the firm had cost of sales of €10.79m in 2022 and commented, “someone is being paid something except for this man”.
Owner of Asba Meats, Tarequr Rahman Khan appeared for the first time in court in relation to the case after Judge Gabbett directed that he attend.
Mr Khan was also legal represented and on his behalf, Mr Khan’s solicitor told the court that the “debt has been fully repaid and I don’t believe that there are other outstanding debtors and Mr Khan is almost fully back on his feet”.
The solicitor added, “Mr Khan has a bit of road to travel yet but he has made significant progress. He is a serious employer. He is a serious business individual and he is doing his best”.
He said that there have been other consequences for Mr Khan amongst other farmers. The solicitor said that Mr Khan has built his business through an aggressive expansion which put him under significant pressure.
He said, “Mr Khan has learned a salutary lesson from being here”.
On the court outcome, CEO of the regulator, Niamh Lenehan said, “I welcome the finalisation of this case, especially as it came on the first anniversary of the formal establishment of An Rialálaí Agraibhia”.
She said, “The outcome of this case sends out a very strong message to buyers in the agri-food supply chain and will serve to increase awareness of the Regulator’s role to enforce breaches of unfair trading law”.
Ms Lenehan reiterated that anyone who feels they may be experiencing or have been subjected to an Unfair Trading Practice should contact the Regulator immediately. Information on how to make a complaint or to make a confidential tip-off is available on the Regulator’s website
She said, “As evidenced in this case, the Agri-Food Regulator is here to help primary producers and small agri-food businesses in their dealings with larger buyers”.
She added, “I encourage all suppliers to familiarise themselves with the protections available to them under the Unfair Trading Regulations and to contact the Regulator with any questions they may have”.
