A pig farmer was yesterday fined in excess of €15,000, given a five- months suspended jail sentence and ordered to pay over €35,000 in costs after he was convicted of a series of 28 offences relating to the use of a prohibited animal remedy on his farm.
Thomas Galvin (51) of Ballinamuck, Dungarvan, Co Waterford had contested the case, which was brought by the Department of Agriculture and Food following an inspection of his farm at Ballyharrahan, Dungarvan by the department's special investigation unit on April 22nd, 2002.
During the inspection, Dept of Agriculture officials found 12 full bags of the banned growth promoter Carbadox and another opened bag of the substance in a locked shed on Mr Galvin's farm at Ballyharrahan, Dungarvan.
Carbadox is an anti-microbial product introduced in the 1970s to prevent and treat dysentery in pigs and maintain weight gain during periods of stress such as weaning. It was approved on the basis that it would be withdrawn from the animal well in advance of slaughter.
However, Carbadox was subsequently discovered to cause cancer in laboratory animals, and in 1998 the European Commission banned its use in European pig farms, even though it continues to be used as growth promoter in pig production in the US.
The department investigation of Mr Galvin's farm followed the discovery by officials of traces of Carbadox in a pig carcass at Duffy's of Gort, Co Galway which was subsequently traced back to Mr Galvin's farm, the trial heard.
In addition to charges of administering and possessing Carbadox. Mr Galvin was also charged with obstructing a department official in the course of his duties and with moving animals off his land contrary to a restriction order.
During the 12-day trial at both Dungarvan and Clonmel District Courts, Judge William Hammill heard evidence from Department of Agriculture veterinary inspector, Brian Flaherty, of finding the Carbadox on Mr Galvin's farm.
Mr Flaherty told the court that when he visited Mr Galvin's farm on April 2nd, 2002 and asked him if he was using Carbadox. Mr Galvin categorically denied using the substance but a search uncovered 12 full bags and a one-third full bag with a measuring scoop inside it. Mr Flaherty also told the court that he had arranged for the farm to be kept under surveillance after the imposition of a restriction order, and he subsequently returned to discover that a large number of animals had been moved both into and out of Mr Galvin's farm.
Mr Flaherty said that he also received information that Mr Galvin had put down some 1,100 pigs with a lump hammer, which was also in breach of the department's order regarding the stock on the farm.
Mr Galvin told the hearing that because of the restriction order, he had to slaughter some 4,300 pigs himself over a six-day period. At one stage he had to use a lump hammer after a stun gun failed.
Mr Galvin's barrister, Randall Hill, said that the slaughtering of the animals had a hugely distressing effect on Mr Galvin.
He also accused Mr Flaherty of being responsible for the way the animals were killed.