The Kerryman (South Kerry Edition)
Suspended jail terms for Kerry farmers
Killarney father and son ‘engaged in campaign to obstruct dept officials’
TWO Kerry farmers have been given suspended jail terms for engaging in a campaign of obstruction to prevent Dept of Agriculture officials from checking on their cattle in line with their duty to protect the Irish beef industry.
John C Casey, known as Christy Casey (60), was given a four month suspended jail sentence for some 14 offences while his son, John Casey Jnr (37) was given a three month suspended term for seven offences by Judge David Waters.
Both men from Crosstown, Killarney, had pleaded earlier this year to the offences which were committed between April 30, 2014 and February 19, 2015 at various addresses in County Kerry and County Cork where they kept cattle.
Judge Waters told both defendants at Killarney District Court on Monday that they had engaged in a prolonged and deliberate campaign lasting several months to obstruct Dept of Agriculture officials from doing their job.
He said that their actions were designed to frustrate officials from checking their herd registers and bovine passports and from inspecting their cattle in keeping with animal health regulations to ensure the traceability of animals.
Such actions could have had serious repercussions, not just for their fellow farmers but for the wider Irish beef sector which had built up a reputation for traceability to which was essential its ability to find export markets.
Defence solicitor, Padraig O’Connell pleaded for leniency for both men, saying that once the matter had come to court, they had pleaded guilty at an early stage for which the deserved some credit.
He said that in the case of Casey Jnr had no previous convictions while Casey Snr had no relevant convictions for agricultural related matters and he did not believe sending him to jail would be of benefit to either Casey Snr or society.
He produced a psychiatric report on Casey Jnr which showed he was socially reclusive and that farming was his life and he feared that he might be prevented from keeping cattle again which would be a huge blow to him.
Farming was equally important in the case of Casey Snr who has been farming all his life and while both men were adept at dealing with livestock, they were less adept at dealing with the paperwork now involved in farming.
The Caseys were “old style farmers for whom officialdom was like the proverbial red rag to a bull” and while they had initially failed to co-operate, once the matter came to court, they had co-operated fully, said Mr O’Connell.
But Judge Waters dismissed the idea that it was simply a matter of both men being unable to cope with the paperwork, saying the evidence was they had concealed herd numbers, bovine passports and cattle from Dept inspectors.
“This was a deliberate attempt to obstruct Dept of Agriculture officials - they went out of their way to frustrate Dept officials in the execution of their duties to protect the industry,” he said.
Dept of Agriculture vet, Louis Rearden had told a previous hearing the offences were committed at Ballyhar, Killarney, Ballybrennagh, Tralee, and Slieve East, Camp, all in Co Kerry, and Ryefield, Whitechurch and Rylane, both in Co Cork.
He said the Caseys had steadfastly refused to co-operate with Dept officials on several occasions and on one occasion when he asked Casey Jnr to tell him where some cattle were, Casey Jnr replied: “Go find them.”
He said Casey Jnr on one occasion falsely reported to gardai three animals had gone missing and then used a photocopy of a garda stamp on the report and forged a garda signature to avoid having to produce animals for inspection.
Mr Rearden said Dept of Officials found two animals, which were recorded as being registered within seven days of their birth, were four and five months old and they had to use DNA testing to identify another five animals.
They were unable to identify another animal while another 116 animals simply disappeared and could not be traced which had implications for the Irish beef sector which prided itself on its reputation for traceability, he said.
Barrister for the Dept of Agriculture, Donnchadh McCarthy BL said the state was seeking an order for costs and expenses totalling €5,000 to cover the prosecution of both defendants.
Judge Waters said that he believed the offences were extremely serious and he might well be disposed to imposing a custodial sentence on Casey Snr given the level of concealment and obstruction involved.
However he said he would err on the side of caution and taking into account his age, his guilty plea and lack of relevant convictions, he imposed a four month suspended term and ordered him to pay €4,000 in costs and expenses.
He noted that Casey Jnr had no previous convictions and taking that and his guilty plea into account, he imposed a three month suspended term on him and ordered him to pay €1,000 in costs and expenses.