ANIMAL BAN BARRISTER IN NEW LEGAL BID

A barrister, disqualified in July from keeping animals for five years, after she was prosecuted by the Department of Agriculture, has returned to court to have the conviction and ban set aside.

The case against Donna Sfar with an address at Oaklawns, Dundalk went ahead in her absence, and the applicant, who works for the Revenue Commissioners, said it should not have been heard as she was not able to attend as she was ill.

The original Department of Agriculture brought 19 summonses against her under the Animal Health & Welfare Act 2013, which covered three dates in July and August 2014 at land Sfar owns at Balregan, Kilcurry including ‘causing unnecessary suffering to animals, failing to provide them with water and food, straying animals, and failing to comply with an animal health and welfare notice’.

A retired veterinary inspector gave evidence of finding sheep and pigs in poor condition on the one-acre holding, and of how he had to euthanise ‘on the spot’ a sheep being eaten alive by maggots.

Eight sheep and nine pigs were seized and although one lamb died immediately thereafter the other animals were treated successfully.

Judge Brennan convicted Sfar of on all the summonses and as well as the disqualification order which was requested by the department, he fined her €90 for each offence and ordered that she pay €1,500 euro in costs and €500 expenses.

Last week Sfar who represents herself, applied to have the orders set aside and asked a re-hearing of the case before a different judge in the event that Judge Brennan failed to excuse himself, as she said he is ‘ the only judge to have convicted her and she claimed they had all been quashed’.

Sfar said due to a leg infection she was unable to attend court on July 7 and said that she would ‘not under any circumstances ignore the court’.

However, Judge Brennan said he wanted to clarify that Ms. Sfar had not made any application to the court for an adjournment when he was sitting the previous day.

She replied that she had spoken to the court clerk, but Judge Brennan said she had not spoken to the court.

He also refused her application for a copy of the audio recording of the court the day before the original hearing, saying he had no power to do so - the case was not listed on that day and she had no business before the court on that date.

The Department of Agriculture’s barrister said the prosecution was specially fixed for hearing on July 7 and he alleged Sfar had ‘attempted to avoid it going ahead at the eleventh hour’.

He said that she has taken 22 separate sets of judicial review proceedings against the State which are paid for by the tax payer.

Sfar said she would take the case to the Court of Human Rights and the European Courts of Justice, and said her ‘right to be heard is a fundamental constitutional issue’. She claimed that her right to private property had been violated and told the court: ‘I will not surrender. I resolve to get justice’.

Judge Brennan said he would give his decision later this week.