The Dept of Agriculture moved to remove almost all cattle and sheep from a County Clare farm as it had a mortality rate of two to three bovines dying per week due to a farmer’s neglect, a court has heard.
At Ennis District Court, Dept of Agriculture veterinary inspector Andrew O’Connor outlined the level of animal neglect at the farm of Pat Cahir (61) of Buncraggy, Ennis, which he visited 22 times between November 2023 and October 2024.
Mr Cahir’s farm had 100 cattle and 200 sheep and recalling the conditions he came across on his first visit to the farm in November 2023, Mr O’Connor said 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.”
He said that the sheds were not in a fit state to inhabit and there were water troughs which were highly contaminated with algae growth and stagnant water.
Mr O’Connor said that the mortality rate was too high where you had two to three bovines dying per week.
He said that the Dept decided around Christmas time 2023 to remove the animals and on January 4th 2024, the Dept “seized all animals bar 10 bullocks and a handful of sheep that were uncatchable on the day”.
A booklet of photos of the neglect was handed into court showing the level of neglect including abandoned carcasses of animals on the farm.
After viewing the photos, Judge Alec Gabbett admitted that he was ‘stunned’ by what he had seen.
He said that there was evidence that some of the animal carcasses he had seen were there for weeks.
He said: “These are the most distressing set of photos of animals I have seen in a long time. It takes a hard stomach to walk past what I have seen.”
On behalf of the Dept of Agriculture, Thomas Wallace O’Donnell BL (instructed by State Solicitor for Clare, Aisling Casey) said that Mr Cahir had agreed to a compliance notice which limits his stock to 20 bovines and no sheep.
In response, Judge Gabbett asked: “What about the 20 bovines – do they have no rights?”
Judge Gabbett asked: “Is there capacity to comply with the notice- it strikes me that someone’s capacity is at issue today. They are not able to do it or can’t do it.”
Solicitor for Mr Cahir, Daragh Hassett told the court that “those photos are very admittedly quite distressing, to see the animals suffering in that way”.
Mr Hassett said that his client is a 61 year old bachelor farmer and has farmed for almost 50 years.
Mr Hassett told the court that Mr Cahir has suffered very badly with his physical and mental health particularly since 2021.
Mr Hassett said that Mr Cahir went to his GP and she sets out his difficulties and Mr Hassett handed the letter into court.
Mr Hassett said that farming “can be a very lonely profession at times”.
He said that Mr Cahir “is now maintaining his physical and mental health which is benefiting the animals he has going forward”.
Mr Hassett said that he was shown a video of animals grazing the lands which occurred the day before court.
Mr Hassett said that Mr Cahir was in dispute with his contractor over the cutting of silage in 2023 which didn’t help the situation.
He told the judge: “I am not going to justify in any shape or form the photos you have seen.”
Mr Hassett pointed out that Mr Cahir has no off-farm income and his annual turnover would be at most €30,000 per year.
Mr Hassett said that his client has a 210 acre holding and it is of mixed quality.
Mr Hassett said that General Secretary of the ICSA, Hugh Farrell has been of great assistance to his client. Mr Hassett said: “He knows how serious the case is and is assisting Mr Cahir at all stages.”
Mr Hassett said that Mr Cahir lost €25,000 because of the Dept of Agriculture moving in to remove the animals at that particular time. Mr Hassett said: “They felt that they had to act and Mr Cahir might feel differently as he was at the time selling cattle through the marts to reduce his numbers.”
Mr Hassett added that it is Mr Cahir’s wish is to return to stock levels of 50 cattle and 50 sheep. Mr Hassett said that Mr Cahir feels that a 20 cattle limit “is going to eventually bankrupt him”.
In the case, Mr Cahir has 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.
Judge Gabbett said it was an appropriate case for monitoring and adjourned the case to October 10th.
