A Co Carlow farmer has lost a civil action aimed at preventing the Department of Agriculture from slaughtering 541 of his sheep under a directive imposed in light of the foot-and-mouth crisis.
In the first legal challenge of its kind in the State, Mr James Kavanagh, Ratheenleigh, My shall, took the action at Bagenalstown District Court yesterday to prevent the slaughter of his sheep which had been illegally imported from Cumbria.
Following lengthy argument and evidence, Judge Donnchadh O Buachalla ordered that the Department directive proceed without modification. The court heard Mr Kavanagh was not entitled to compensation as a result of the cull.
It emerged in court that Mr Kavanagh had illegally imported three consignments of sheep from a farmer and dealer in Penrith, Cumbria, where foot-and-mouth has since been confirmed. No documentation was supplied during the sale. Mr Kavanagh illegally imported 662 sheep between October 2000 and January 2001, before the outbreak of foot-and-mouth in Britain.
Of these 662 sheep, Mr Kavanagh had since sold 107, including 50 to Kildare Chilling Plant under the name of another farmer in order to avoid tax, the court heard. A further 34 and 23 sheep were sold to two local farmers.
Each of Mr Kavanagh's three consignments was transported from Cumbria to Northern Ireland and then transported to the Republic.
Mr Kavanagh collected two of the consignments after midnight at Kildare Chilling Plant, the court heard. In evidence, Mr Kavanagh said that of the 541 sheep which were the subject of the directive, only 400 could now be identified as the sheep imported from Britain.
He said 200 of the sheep had UK ear-tags and a further 200 had the appearance of holes in their ears where tags had been removed.
Mr Kavanagh told the Court that of the remaining sheep earmarked for slaughter, 141 were Irish. He claimed that pressure by Department officials to gather all of his flock had led to him identifying Irish sheep as those imported from Britain.
Mr Eanna Molloy, for the State, questioned Mr Kavanagh on the location of the remaining imported sheep. Mr Kavanagh replied: "I don't know where they are - up Mount Leinster, they're gone all over the county."
He claimed that some of the sheep which are the subject of the directive were in fact part of his sister Sheila's flock. Mr Martin Collins, defending, suggested that in light of this the order should be modified to exclude the 141 Irish sheep.
Mr James Walsh, Superintendent Veterinary Inspector, Carlow, told the court Mr Kavanagh's total flock numbered approximately 1,451, at various locations in counties Carlow, Laois and Wicklow. He added that Mr Kavanagh also had commonage rights at Mount Leinster.
Mr Walsh said teams from the Garda, Civil Defence and Department of Agriculture had been sent to locate the animals. "As we progressed, not all the animals were produced for inspection," he said.
Mr Kavanagh confirmed that Department notices calling for the detention of Mr Kavanagh's animals at all the locations and the slaughter of the animals were served. They were then served a second time when officials became aware that animals were being moved.
Mr Collins said that under the legislation the farmer served with these notices was to be given the option of returning the animals to the source of origin or putting them to another use.
He suggested that the officials mentioned neither of these options to Mr Kavanagh.
Mr Walsh replied he had informed Mr Kavanagh that the notices could be appealed within seven days.
Mr Walsh added that returning the sheep to their origin was not possible due to foot-and-mouth restrictions in Britain. The court heard that all tests on sheep at Mr Kavanagh's farm to date had proved negative for foot-and-mouth.