BY DAVID FORSYTHE
A FARMER who punched a Department of Agriculture official in the face because he didn’t want him on his land has been sent to prison by a district court judge.
Inspector Anthony Harrington told Macroom District Court that on October 28, 2023 Andrew Scannell, 64, of Lackaneen, Lissacreasig, Macroom, struck agricultural officer Jerry Herlihy in the face with a closed fist.
Mr Scannell denied the charge of assault causing harm. Insp Harrington said Mr Herlihy was present at Mr Scannell’s farm in an official capacity as an officer of the Department of Agriculture.
Giving evidence, Jerry Herlihy said that he had been tasked by his superiors with getting Mr Scannell’s cattle into a manageable state and had been visiting the farm regularly over a two-week period to feed them.
Mr Herlihy told the court Mr Scannell’s cattle which included about 11 three and four-year-old bulls which were effectively wild and had been allowed to roam freely over the 100-acre holding.
He said that the animals were not used to human contact and the Department’s plan was firstly to tame them.
The court heard Andrew Scannell had been sent notice that the animals needed to be tested for TB as there had been outbreaks in other local herds and that his cattle had not been tested since 2020.
Mr Herlihy said on the day in question he had finished feeding the cattle and was getting changed in a nearby barn.
Mr Scannell approached him and began ‘shouting aggressively’ at him that he had no authority to be on his land.
Mr Herlihy said that Mr Scannell then lashed out at him and hit him on the left side of the face.
He said he attempted to hit him a second time but Mr Herlihy managed to grab his arm and restrained him for about 20 minutes to await the arrival of the gardaí.
The court heard Mr Herlihy suffered injuries to his right cheek and eye socket and had a partial black eye as a result of the assault but there was no permanent damage.
Neighbour Frank Sweeney who witnessed the assault also gave evidence.
He told the court that he was exercising a horse at the time and that Mr Scannell was ‘ranting and raving’ and ‘not really making much sense’.
He said Mr Scannell hit Mr Herlihy ‘without warning’ after which Mr Herlihy ‘wrestled’ Mr Scannell to nearby bales because he was afraid he would hit him again.
Mr Sweeney called the gardaí at Mr Herlihy’s request. He added: ‘I thought the whole thing was preposterous.’
Garda Raymond Griffin said he attended the scene at 6.10pm by which time Mr Scannell had calmed down to some extent.
He said that when he arrived, Mr Herlihy was still holding Mr Scannell up against some bales of hay.
Gda Griffin separated the men and tried to ascertain what was going on.
He said that Mr Scannell told him twice: ‘I don’t deny assaulting him.’ In a later interview Mr Scannell said he stood over what he told Garda Griffin on the day.
Mr Scannell told the court he had ‘a lot of hassle’ with dogs and people stealing his cattle and told the court he objected to Mr Herlihy’s presence at his farm several times.
Defence solicitor Patrick Goold said Mr Scannell was a lonely figure who lived in appalling conditions and was not able to cope with the modern requirements of farming.
He added that since losing his driving licence Mr Scannell walks the roads alone, and has no family support.
The court heard that there were repeated problems with Mr Scannell’s cattle breaking into neighbouring farms and getting out onto the public road and that since the incident the herd has been reduced to just one animal.
Mr Scannell had 34 previous convictions, mostly for road traffic and animal welfare issues, but that he was convicted in 2022 of assaulting a veterinary inspector for which he received an 18-month suspended sentence and was fined €1,000.
Judge William Aylmer said he had no other option but to convict Mr Scannell and he sentenced him to eight months in prison.
He said he hoped Mr Scannell could be assessed and receive the medical attention he required in prison.
He fixed recognisance in the event of an appeal in Mr Scannell’s own bond of €100.
