Farmer fined for breaches

A dairy farmer with a poor environmental record has now been convicted of breaching animal welfare legislation after failing to treat a steer’s wound, which caused it pain and distress for at least three months.

South Taranaki man Francis John Mullan previously pleaded guilty to two breaches of the Animal Welfare Act, his first convictions in the district court.

However in January 2015, he copped what was considered to be the biggest fine in Taranaki history - $66,000 - for dirty dairying, after he was found guilty in the Environment Court of two charges of discharging effluent into groundwater and a stream on one of his farms.

Mullan’s history of noncompliance dated back to 1999 and included effluent flowing into a stream and effluent ponds not being managed properly.

On Wednesday, the Ha¯ wera District Court heard how between February 1 and May 3 this year, Mullan failed to ensure a steer, which had developed an ingrown horn, received the necessary treatment to alleviate any pain or distress. Mullan had also allowed the steer to be transported when it was in an unfit state to do so.

The summary of facts outlined how the 68-year-old owned and operated 10 dairy farms and two support blocks in Taranaki.

On May 3, Mullan helped his staff to muster six cattle from his Ra¯ hotu farm into a livestock truck, which was destined for the Riverlands meat processing plant in Eltham. One of the cattle was the friesian steer.

At the meat works, a Ministry for Primary Industries (MPI) vet checked the cattle ahead of their planned slaughter and found the steer’s right horn had grown around itself and entered the skin, causing a ‘‘creamy yellow discharge’’.

The vet deemed it had not been fit for transport but in order to alleviate further suffering the steer’s slaughter time was brought forward. After it was killed, a post mortem of the steer was carried out and the wound re-examined.

‘‘The veterinarian concluded on both clinical and post mortem examination that the steer would have suffered unnecessary pain and distress for a period of at least three months.’’

When spoken to about the findings, Mullan told MPI staff he had not seen the wound and on the day the cattle were sent to the meat works they had all been agitated so he had not been able to get close enough to notice the ingrown horn.

In his submissions defence lawyer Simon Connolly said right up until the steer was transported to the freezing works it had grazed in a block which was covered by scrub and that from a distance the animal had looked fine.

Prosecutor Jacob Bourke, on behalf of MPI, said although it was accepted the farm manager and truck driver had also failed to notice the steer’s condition, as the owner Mullan was ultimately responsible for its care.

Judge John McDonald said it had been ‘‘surprising’’ the animal’s ailing condition went unnoticed for so long but he accepted Mullan’s remorse.

‘‘It seems you sincerely regret what has happened here,’’ he said.

In terms of remedial action, Mullan had since reviewed practices on his farms as well as arranging for extra staff training for his employees and regular health checks of his cattle.

After taking into account Mullan’s guilty pleas and the proactive steps he had taken since the prosecution, Judge McDonald imposed a $5000 fine for the offending, along with court costs of $130.