A MILLIONAIRE cattle exporter and his son have claimed in the High Court they were criminally assaulted by Department of Agriculture agents who "stormed" their home in a search for illegal animal drugs.
The allegations were made by Mr Noel Carter, farmer and director of Rathmoyle Exports Ltd, and his son, Wesley, both of Ballyhagan House, Carbury, Co Kildare.
Mr Justice Kelly granted them an injunction restraining the Minister for Agriculture and Department staff from disseminating the contents of any papers, documents, accounts or other material seized in the raid to any third party pending further court order.
Mr Rex Mackey SC, for the Carters, outlined what he described as "the astonishing behaviour of Government agents who descended on the Carter household just over seven weeks ago".
He said his clients had alleged that a group of unidentified men burst into their home on June 25th last shouting, "Stop, this is a raid." Two of them held Mr Wesley Carter while two others jumped on him, knocking him to the ground. Four or five men then punched and kicked him in the face, arms, shoulders and back, tearing his shirt from his body. Blood flowed from a forehead wound after he hit his head on a window sill as he fell to the floor, Mr Mackey said.
Mr Wesley Carter thought the men were criminals. They pulled out drawers, emptied them on the floor and took documents.
Mr Noel Carter was then "subjected to a vicious assault" and punched savagely; neither man was shown identities or a search warrant. It was some time before they realised the men were from the Department.
One of them told Mr Noel Carter they could "do what they liked". Another said: "I know you have drugs. Tell us or we will hand over every document in the house to the investigations branch of the Revenue Commissioners.
"I know you are a very wealthy man. You will have nothing at all when we are finished with you.
Yet another man asked him to sign a prohibition notice and said: "Sign the form or we will close you down." The agents took maps, diaries, accounts, money, keys and cattle identification tags and refused to issue a receipt for them.
They then used eight or nine cars in "a Wild West like cattle round up" through fields terrifying animals into breaking out through gates. They seized ear tags after conducting tests on animals.
Mr Noel Carter told the court he farmed lands at Rogerstown, Rhode, Co Offaly; Friarstown, Co Kildare, and Castledillion Stud, Straffan. He and his son also farmed at Kilcock.
"I was walking to the house when I was approached by Sgt Gerry Goode of Carbury Garda station," he said. "He informed me that my son, Wesley, had been involved in an accident in the home."
He immediately went to the house and saw his son "bleeding profusely". He ascertained he had been viciously attacked by a gang of men who had entered the house and who had punched and kicked him.
"I demanded to know who they were and one simply stated he was from the Department of Agriculture," he said.
Mr Carter said his son, who was in a state of shock, attempted to leave the kitchen and two men tried to stop him.
"When I tried to block them off I was punched in the jaw with such force that it almost paralysed me with pain," he said in his affidavit.
Mr Carter said he now knew that a group of about 12 men had entered his home and were rummaging through the contents of the house. He said that due to the manner in which the search had been conducted he still did not know the exact number of items and documentation seized. Some had been returned.
The Department had served lock up notices relating to the farm animals. The cattle were assets of Rathmoyle Exports Ltd, of which he and his son were directors. He was now prevented from moving or disposing of any of them and therefore prohibited from engaging in his livelihood. His losses could be irredeemable.
Mr Wesley Carter said that at 8:30 on the morning of Tuesday, June 25th, the "raiders" burst in. He said that at no time was he shown a search warrant or any other documentation by any of the inspectors and it was not until much later that he learned they were from the Department.
Mr Mackey said the Department of Agriculture agents had apparently acted under the provisions of the Animal Remedies Act 1993, but such powers did not include violent entry.
Mr Mackey submitted the Department's agents had acted without proper authority, had acted criminally and had invaded the Carter household in breach of the family's constitutional rights.
Mr Justice Kelly granted the order restraining the Minister and Department officials from passing on documents or their contents to any third party.
He refused mandatory injunctions on an ex parte basis directing the Department to return the items seized and to reissue animal identity tags and corresponding identity cards. But he granted short service of notice on the Chief State Solicitor to seek mandatory orders from the court next week.