The State was accused of attempting to "tar" one of the biggest cattle dealers in the State as a smuggler at a special District Court hearing in Bandon, Co Cork, yesterday.
The allegation was made by Mr David Sutton, for the dealer, Patrick Kelleher (47), who had pleaded guilty to 13 summonses involving breaches of the Animal Disease Eradication regulations in 1998 and 1999 on his own and his company's behalf.
Kelleher, Judge James O'Connor was told, purchased 20,000 animals a year, mainly for export, employed seven people full time and a further 10 part-time agents.
Mr Brian Flaherty said Kelleher had purchased cattle all over the State and had moved the animals, the subject of the plea, on to his farm without a pre-movement certificate for brucellosis.
He said one of the animals tested positive for brucellosis. At the time he was involved in the investigation, there were 2,300 cattle on Mr Kelleher's properties.
Records of animals, which were supposed to be on computer, could not be found. He said the investigation into the animal movements was one of the largest and most complex he had been involved in as a member of the Department of Agriculture.
Mr Declan Holmes, of the Department's special investigation unit, said that in September 1998 he visited Mr Kelleher's company at Hartnetts Cross, Coolcower, and found 104 animals which should not have been there.
When he said he suspected 11 of the animals had come from outside the State, Judge O'Connor said as there was no summons before him relating to importation of animals from outside the State, reference to this would have to be struck out.
Outlining his client's guilty plea and how it had saved a great deal of time and money, Mr Sutton said there had been an attempt by the State to tar Mr Kelleher as a smuggler. He said this was a grave allegation to make, especially at this time and when there was no evidence before the court of any such allegation.
Mr John Murray, Superintendent Veterinary Inspector, Co Cork, said that at the end of 1990s there was a major outbreak of brucellosis in the Macroom area. The Kelleher herd had also been hit by the disease. He said the farm had been restricted and the herd destroyed. The charges to which Mr Kelleher and his company were pleading were in relation to breaches of the regulations preventing the spread of this disease.
He said as a result of the outbreak, 203 herds in the Macroom area had to be restricted and 50 herds destroyed at a cost of £2.5 million to the State.
Mr Sutton said Mr Kelleher, whose address was given as Ashgrove House, Cork Street, Macroom, had pleaded guilty to breaches of the regulations on behalf of himself and his company, Macroom Livestock Purchasing Company. He was not, however, a criminal and was remorseful about the breaches of the regulations. He contended that three of the animals tested for brucellosis which had shown positive signs, had later been tested negative.
His client, he said, suffered from a heart condition and because of the foot-and-mouth problems, his company had not been trading. He sought leniency from the court.
Judge O'Connor said that because of the complexity of the case he would like to consider it overnight and said he would give his judgment later today in Clonakilty Court.