Two directors of a Co Monaghan meat firm were convicted by a judge yesterday on charges brought by the Food Safety Authority of Ireland (FSAI) over the illicit dumping of meat at a plant in Co Kildare.
After a two-day hearing, Judge Flann Brennan imposed fines totalling €14,000 on D'Arcy Foods Ltd, a meat company based at Corbrack, Ballybay, Co Monaghan, and also ordered payment of costs and expenses to the national food safety body arising from the prosecution.
Dr John O'Brien, chief executive of the FSAI, welcomed the judgment of the court, describing it as a strong warning that breaches of food safety legislation will not be tolerated.
"The outcome of this case serves to reinforce the importance of the FSAI's commitment to the protection of public health in relation to food. We hope that this verdict sends out a clear message that the FSAI will take the necessary legal action to prevent risks to public health and breaches of legislation. This judgment should heighten the awareness of those involved in the food sector of their legal obligations to produce and provide safe food in accordance with legislation."
Convicting company directors Ciarán McCabe and Ann McCabe, both of Drumhowan, Castleblayney, Co Monaghan, the judge imposed concurrent sentences of four months' imprisonment. The case was described yesterday as the first of its kind in the country.
The prosecution was taken by the FSAI in the wake of the discovery of irregularities in relation to a consignment of 21 meat pallets, which were the subject of a major food alert in the Republic two years ago.
During cross-examination of witnesses for management at the QK Cold Store at the Maudlings, Co Kildare, where the illicit meat was seized, the defence argued there was no direct evidence to identify who made delivery of the illicit cargo of meat to the plant.
Defence lawyer Michael McDarby said the prosecution had no "direct knowledge" as to who delivered the consignment in question, and there was merely a reliance on a system at the cold store which involved the logging of registration numbers of vehicles.
Paul McDermott, counsel for the FSAI, said the case arose in relation to the consignment of 21 pallets that were seized at the Co Kildare cold store. The meat had borne a health mark to indicate it was safe for human consumption but, it transpired, the mark, which was in German, with a date in English, was forged. Alan O'Loughlin, a veterinary inspector with the Department of Agriculture, gave evidence that he received a communication from his superiors instructing him to check any meat factory in his area for consignments of meat which originated from Eurofreeze (Ireland) Ltd/Darcy Foods.
He said he visited the QK Cold Stores in Kildare, where the suspect consignment was reported to be held. This consignment was checked and found to contain a number of pallets that were incorrectly labelled.
Donal Cousins, a member of the FSAI investigation team, confirmed that on inspection, the labels attached to the meat pallets impounded by Mr O'Loughlin did not match legal requirements.
He said 20 pallets were destroyed and one retained for evidence. He said the meat allegedly originated in Germany and whereas the health mark was in German, the date was in English, and this suggested the health mark was fraudulent.
When the defence suggested that a vehicle with false plates may have been used to deliver meat to the plant, none of the witnesses cross-examined by the prosecution said there were ever any incidents of truck hijackings or reports made to the Garda concerning suspicious truck activity at the plant.