A DISTRICT court judge has asked that pictures of dead calves be sent to the ceo of a dairy company which takes the milk belonging to a West Cork farmer convicted of animal cruelty.
Judge James McNulty made the request at Clonakilty District Court before Christmas, to see if they are happy to be associated with Ger Canty who, he said, neglects his animals.
Mr Canty of Farnalough, Newcestown, Bandon, previously pleaded guilty to allowing the carcasses of 17 dead calves to decompose on his farm in what the judge described as ‘chronic, appalling and wilful neglect’.
He had pleaded guilty to three charges out of a total of six charges in a case prosecuted by the Dept of Agriculture, Food, and the Marine. They said that on April 28th 2022 he allowed two untagged bovine carcasses on his farm to which a dog may have access; that he permitted the carcasses of 15 untagged bovine carcasses to be on his farm to which a dog may have access; and that he kept 10 untagged bovines on his farm.
Judge McNulty directed him to provide a bank draft of €10,000 payable to Concern, as well as to come up with a plan with Department of Agriculture officials as to how he can continue to farm. He had also sought an updated probation report.
However, at the most recent court sitting, the judge was told that the ‘meaningful engagement’ with the Department officials hadn’t materialised.
Solicitor Clodagh Grace from the State solicitor’s office said they only received a plan the previous evening before the court sitting.
‘The plan was unsigned, there was no mention of supervision, and he plans to continue breeding animals,’ said Ms Grace.
The probation report found that Mr Canty plans to continue to dairy farm and doesn’t wish to change. The majority of his herd were pregnant, with the first calves to arrive before Christmas.
The court was also told that the Department of Agriculture is of the view that he should not have breeding stock on his farm.
Department of Agriculture senior inspector Edward Myers said he received a written plan at 5pm the previous day from Gráinne Hurley of Teagasc, who had told him that she found it hard to contact Mr Canty and finalise a plan. Ms Hurley had presented several options to him, including leasing or renting the land; having dry cattle or stripping the herd and buying in calved cows, or the option to continue as he was, but with the inclusion of paid labour on the farm.
‘I clearly expressed my view that he was having difficulty rearing and looking after young stock and my colleagues who visited the farm said the same,’ said Mr Myers. He also said the proposal was only by email, was not a formal plan and he felt it wasn’t enough.
‘The plan lacks detail, isn’t signed and there is no mention of her monitoring him. The plan was written to allow him to continue but it won’t succeed, given my experience with him,’ said Mr Myers.
Defence solicitor Conrad Murphy said his client’s herd is down and has arranged for a man to help on the farm while two acres have been sold by a vulture fund. He said he has the bank draft in court, as well as a statement of means for Mr Canty, who went to Teagasc for advice.
‘He has 40 years in the dairy business and his herd has reduced considerably and what happened was appalling. I would ask to give him a chance to continue to be under the scrutiny of the Department of Agriculture,’ asked Mr Murphy.
However, Judge McNulty said that Mr Canty doesn’t want to change or take the necessary steps and is playing it out to the last so he can go back to his old ways.
‘He was well warned by a Department official six years before now. How many more warnings do you need before you change your ways?’ asked the judge, who said it was an ‘opportunity lost’.
He convicted and sentenced him to five months on each of the charges but suspended the sentence, having taken into consideration his donation of €10,000 to Concern.
The judge said this was ‘not a let off’ and that a condition of the suspended sentence is that he should keep the peace and be of good behaviour. He also added a special condition that he must comply with all directions and requirements communicated to him by the Department of Agriculture concerning his stock numbers, sale of animals, and care of animals that he will retain.
‘This court expects that the inspector will pay special attention to his farm so there will be no delay in bringing him back to court. Any further animal neglect will breach all three charges,’ said Judge McNulty.
He also asked department officials to communicate with the ceo of the dairy company, which is taking his milk, and send him the pictures of the dead calves.
‘Ask them are they pleased to be associated with a dairy farmer who neglects his animals so badly? If needs be, I’ll send for the ceo to come to court to see if they are happy to be associated with this scandalous neglect of animals left to die of thirst. It should be an affront to any farmers.’
The judge added that he isn’t sure that Mr Canty cares at all and warned him it would be unwise to re-offend.
Recognisances were fixed in the defendant’s own bond of €5,000 all in cash and one surety of €10,000 also in cash.
‘He’s lucky he’s being allowed to leave this court and get back to his farming, but the question is, what type of farming?’ asked the judge.
He also said that if Mr Canty wants to appeal the severity of the suspended sentence, there would have to be safeguards as the court will not facilitate any more offending.
