By Gordon Deegan

A judge has expressed concern that if a deterrent is not put in place on a Co. Clare farmer, “we could be back here in three months with 10 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 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 Cahir, Judge Gabbett has directed that Cahir comply with all directions of the Department of Agriculture.

'Hard to un-see'

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.

State Solicitor for Clare, Aisling Casey, said that Cahir has agreed to a compliance notice with the Department of Agriculture which limits his stock to 20 bovines and no sheep.

Cahir’s 200 acre farm had 100 cattle and 200 sheep in 2023.

Recalling conditions when he came across on his first visit to the farm in November 2023, Department of Agriculture veterinary inspector, Andrew O’Connor, told the court previously that the “cattle had no fodder.

"They were lean, in poor body condition and scavenging for anything they could get. There was no grass.”

O’Connor said that the mortality rate was too high where you had two to three bovines dying per week.

Cahir first came before the court in July and O’Connor has told the court that improvements have been made since.

Casey told Judge Gabbett that “things have got better but progress has been very slow”.

Sold cattle

Solicitor for Cahir, Daragh Hassett said that the Co. Clare farmer has sold five cattle in the past week to bring numbers back down to 16.

Hassett said that 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.”

Hassett said that “significant improvements” at the farm have been made following the intervention of the Department of Agriculture. He said that 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.

Hassett said that a suspended prison term would be a significant penalty for a man who has pleaded guilty and has no previous convictions.

Court

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”.

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 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 Cahir.

In the case, Cahir pleaded guilty to neglect or was reckless regarding the health and welfare of animals, namely sheep and cattle between November 17, 2023 and May 23, 2024 under Section 1(b) of the Animal Health and Welfare Act.

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.