A COUNTY Limerick farmer has been convicted at Limerick District Court on two counts of failing to promptly test his herd for TB and Berculosis after he maintained that the Department of Agriculture should have paid for the testing fees. Stating that his actions could undermine the enormous value of the Irish beef industry, Judge Eugene O’Kelly said that it only took a small number of farmers to put the reputation of Ireland’ agri-food business in jeopardy if they failed to work with the Department of Agriculture to protect the industry.
The court was told that Michael McElligott (66) had 70 cattle on his 60 acre holding at Ballytarsna, Old Pallas and as a farmer with a suckler herd, he was obliged to test his cattle for TB every year and to test for Berculosis when required by the Department.
However Mr McElligot sent a letter to the Department of Agriculture asking then to pay for the tests as outlined, he believed, in a piece of legislation dating back to 1966.
Area veterinary inspector Mary Courtney said that the vast majority of the 6,000 herd owners in Limerick complied with their requirements. After several notices were sent to Mr McElligott, he was informed that prosecution was imminent.
Mr McElligot had not registered testing of his cattle since 2009 and in a ten-year period had only recorded tests with the department of four occasions.
Garda Patrick Ryan gave evidence of calling Mr McElligott on July 12 last year and informing him that the department were prosecuting him for failing to comply with the provisions of the Bovine and tuberculosis order of 2010.
In a statement read to the court, Mr McElligot said he had no problem with the cattle being tested if the department covered the cost.
Representing himself in the case, Mr McElligot was told by Judge O’Kelly that it was “well established that farmers paid for their own testing” and the reputation of the beef industry was established on the cooperation of farmers in the eradication of TB. He said he was satisfied Mr McElligot had not upheld his obligations and in doing so, put the reputation of the beef industry, his fellow farmers and neighbours in jeopardy.
Judge O’Kelly said he had considered a custodial sentence because of the defendant’s previous “dreadful record” that included convictions for moving a restricted herd, forgery of birth certificates for cattle and failure to remove reactors from his farm in two occasions.
However, after being informed of his medical difficulties, he encouraged Mr McElligot to “work with the department” and fined him €2,000.
