Farmer fined for cattle cruelty

A Nelson judge found himself in a ‘‘very difficult position’’ finding an appropriate sentence for a 77-yearold Richmond farmer charged with animal cruelty.

Inspections of a Redwood Valley beef farm belonging to Raymond Albert Gardner, 77, uncovered dead, rotting and dying calves, cows in ‘‘obvious pain and distress’’ with skin sores and diarrhoea, and cattle housed in a shed that was a ‘‘deep boggy mix of sawdust, mud, water and effluent’’.

Gardner was sentenced in the Nelson District Court yesterday on three charges of failing to provide treatment to ill and injured animals, three of failing to meet animals’ needs, three of keeping a suffering animal alive, and two of ill-treating an animal.

Judge David Ruth said at sentencing it was ‘‘serious-end offending’’, but the court had found itself in a difficult position determining a suitable sentence.

‘‘If he was a younger man, he’d go to jail . . . because of his age and circumstances, imprisonment would be quite inappropriate, and so home detention is also out of the equation.’’

According to a summary of facts, the Ministry for Primary Industries gave Gardner advice and plans to address the condition of the animals, but he failed to improve conditions on the farm.

In some instances, he thought calves in his care had already died. One ‘‘moribund’’ calf was outside the pens, half-buried in mud, and Gardner told inspectors it was dead; it was found to be still breathing.

A further nine calves were found dead, and Gardner said they had died from scours, as he had been feeding them a mix of lamb’s milk powder and green-top milk because he hadn’t been able to get calf milk powder.

One calf was found alive but ‘‘collapsed’’, ‘‘emaciated’’ and ‘‘flyblown’’ with mature maggots and new eggs, and had to be euthanised immediately by a vet.

Despite being given a treatment plan involving electrolytes and a proper feeding regime, over several months Gardner failed to improve the conditions on the farm, and was charged with animal cruelty.

In sentencing, Judge Ruth said Gardner couldn’t do community work, due again to his age and personal circumstances.

He agreed with ministry lawyer Julie Wotton’s calculations for an appropriate fine, which had a starting point of more than $50,000. However, even if he applied discounts based on personal circumstances and guilty pleas, it would still be more than $20,000 – ‘‘out of the question’’ in terms of Gardner’s assets and finances.

Judge Ruth said he was aware that Gardner had suffered a serious injury and it appeared this had affected his ability to manage animals. ‘‘Otherwise, simply on the face of it, the evidence before me would indicate totally callous and cruel behaviour, otherwise inexplicable.’’

A sentence of community detention meant there would be difficulties with electronic monitoring.

The judge said the primary deterrent would need to be preventing Gardner from having care and control of bovine animals.

He imposed a 10-year ban, which ‘‘at [Gardner’s] stage of life, may well be a lifetime ban’’. He also fined Gardner $7280 on top of reparation already imposed, at an earlier date, for veterinary costs of $4385.16.

Judge Ruth acknowledged that the fine was ‘‘nowhere near’’ an appropriate level for the offending, but said he could not go any further given the circumstances.

‘‘If he was a younger man, he’d go to jail . . . because of his age and circumstances, imprisonment would be quite inappropriate.’’

Judge David Ruth