Minister criticised for appeal on behalf of official in Sligo

THE Minister for Agriculture Charlie McConalogue has been criticised for bringing a High Court challenge aimed at setting aside parts of a conviction imposed on one of his department’s officials from Sligo who had dead and injured animals on his lands. The Minister’s action, which came before the court last Thursday, relates to Bernard (otherwise Brian) Kilgariff, aged 64, of Bricklieve, Castlebaldwin, who as a senior official with the Department of Agriculture had investigated animal welfare issues. Mr Kilgariff was convicted in June before Sligo District Court of animal neglect and animal welfare breaches and with failing to have his animals tested for TB and Bovine Viral Diarrhoea (BVD) since 2016.

The charges before the District Court also included allegations that he had breached the 2015 Disposal of Carcases Regulations.

Mr Kilgariff pleaded guilty to two charges relating to the testing breaches, and to four of 10 charges relating to neglect or being reckless regarding the health or welfare of an animal.

Judge John Kilraine imposed a fourmonth suspended prison sentence on each of the charges relating to the animal carcasses. He also convicted him on the two testing charges and imposed €1,000 fines on the charges. In High Court judicial review proceedings, the Minister claims that the District Court judge erred in law and acted in excess of the court’s jurisdiction by imposing a concurrent four month suspended prison sentence in respect of offences concerning the disposal of animal carcasses. Counsel for the Minister argued that the maximum penalty that could be imposed for such an offence committed under the regulations was a fine and that, as a result, the suspended sentence and the conviction should be quashed.

The court was told the Minister does not want the matter remitted back before the District Court.

The Minister acknowledged that the remainder of the District Court’s order against Mr Kilgariff is valid and should remain intact.

This includes an order under the 2013 Animal Welfare Act disqualifying him from holding a herd number for five years, which the Minister says was lawfully made and within jurisdiction. Ms Justice Nuala Butler said that she was satisfied, on an ex-parte basis, to grant the Minister permission to bring the challenge in which Mr Kilgariff is the respondent to the proceedings. The judge also placed a stay on the conviction and the suspended sentence imposed on Mr Kilgariff. The action will return before the Court in October when the new legal term commences.

Sinn Féin spokesperson on agriculture Matt Carthy called on Minister McConalogue to clarify why he has brought the High Court challenge.

Deputy Carthy said: “It appears bizarre that any employer would take legal action on behalf of a staff member convicted of grievous activities. “More so given in this instance that it involves a Minister acting on behalf of the Irish people.”

He said that the Minister for Agriculture taking a legal appeal in a case that resulted in a conviction of a senior official for breaches of animal welfare rules on his own land “have caused great concern and unease among the public”.

“I am conscious that this is subject to legal proceedings. However, the public concern is such that it is imperative that Minister McConalogue provide clarity as to why he brought this action and on what basis he did so,” Deputy Carthy said.