The Competition Authority won a landmark case yesterday when a district judge ruled in its favour and convicted six farmers, including some prominent members of the Irish Farmers' Association, of breaching the Competition Act, 2000.
The criminal prosecutions were the first taken by the authority, although it has won a number of civil cases. The farmers have confirmed they will appeal the conviction.
The charges arose out of a protest by several hundred farmers, including those convicted, at Drogheda Port on August 31st, 2002, where a ship carrying imported grain had berthed.
The grain was not off-loaded that day, but some days later. Following the incident the Competition Authority decided to initiate proceedings, and summons were served on the six.
They are the IFA vice-president, Ruaidhrí Deasy, its grain committee secretary, Fintan Conway, and the committee chairman, Paddy Harrington, the former chairman of the IFA in Louth, Raymond O'Malley, and farmers Colm McDonnell, of Ardee, and George O'Brien, of Tullyallen, Drogheda.
They were convicted of reaching an agreement with the objective of distorting competition in the wheat trade at Drogheda Port on August 31st, 2002.
With the exception of Harrington, they were all also convicted of the same offence relating to a meeting at the Boyne Valley Hotel on September 2nd, 2002.
The judge acquitted them of charges that they had distorted competition in the wheat trade.
Delivering his judgment at Drogheda District Court yesterday, Judge Flann Brennan said he had considered the evidence and all the submissions made to him and was satisfied beyond a reasonable doubt that the defendants should be convicted.
He was satisfied they had implemented an agreement between themselves and persons unknown.
The prosecution was taken under Section 8 (2) of the Competition Act, 2000. Under the act the maximum penalty on summary conviction is €3,000.
Mr Shane Murphy, senior counsel for the farmers, asked the judge to take into account the fact that they had not been found guilty of the more serious charge when imposing penalty.
The Competition Authority said that its witness expenses totalled €8,456.
Judge Brennan convicted all six of the offence at Drogheda Port and imposed a fine of €1,500 plus expenses of €1,000. In relation to the offence at the Boyne Valley Hotel, which Harrington was not charged with, he imposed a fine of €1,000.
In all fines totalling €20,000 were imposed.
After the judgment the Competition Authority said it had brought the case because blockades against competition directly injured Irish consumers.
Speaking after the court, Mr Deasy said the farmers were disappointed, "but we will go forward from here".
O'Malley said he was shocked and farmers would have to consider how they protested in future.
He said they could not allow their right to protest to be impeded.