THE Veterinary Council of Ireland brought a prosecution against a West Cork woman for conducting a bull semen analysis service.
Stephen O’Donoghue, barrister for the VCI, submitted at Bantry District Court that the accused, Catherine Beavon (29) of Rockmount, Drimoleague, had diagnosed the fertility of a bull on March 30th 2022.
The barrister said such a function is the preserve of qualified and registered veterinary practitioners, and that it was an additional offence to furnish a certificate in relation to that diagnosis.
But Flor Murphy, solicitor for the accused, produced written confirmation from the VCI’s own legal department that a lay person can inform a farmer what the semen count of their bull is.
Mr Murphy said his client had not provided a diagnosis on the fertility of the bull – she just provided a semen reading – and the certificate was also correct in terms of its wording.
Mr Murphy also pointed out that the Veterinary Council of Ireland was at fault in issuing proceedings against his client and not her company Bull Test Ltd.
The court was told that the bull in question was sold by a Kerry farmer, Thomas Finucane, to Mary O’Dea of Co Limerick, at a Munster Branch of the Irish Angus Society sale in Kilmallock.
Michael Heffernan, an authorised officer appointed by the VCI, gave evidence that he was asked by the VCI to investigate the certificate issued by Bull Test Ltd.
Thomas Finucane gave evidence that he would have ‘done anything on the day to get rid’ of the VCI representatives who called to him because they were ‘not very nice’ and were questioning him about something about which he had no idea.
‘I asked them three times what it was about,’ he stated in evidence.
And the witness clarified for the court that the term ‘fertility was never mentioned’ in his engagement with Catherine Beavon of Bull Test Ltd services.
Mary O’Dea was also called to give evidence. ‘As a farmer, I just want a bull to work,’ she stated. And she said the bull purchased from Thomas Finucane ‘works’.
A veterinary surgeon, Peadar Ó Scanaill, was called as a witness for the prosecution. He was of the opinion that the certificate was presented as a de facto diagnosis of the bull’s fertility.
He outlined in great detail how an actual fertility diagnosis involves a much more comprehensive process. However, when Mr Murphy asked him if a lay person could inform a farmer what the semen count is, Peadar Ó Scanaill said: ‘Yes.’
The barrister for the VCI argued that the certificate provided by Catherine Beavon ‘goes further – it is saying the bull is fertile.
‘The interpretation is a diagnosis as to the state of health of the animal.’
In summing up, Mr Murphy repeated that, in law, a lay person can do a semen test and he said that any doubt the court might have in this case should benefit his client.
After considering both sets of submissions, Judge O’Leary noted: ‘It is not against the Act to take a sample’ and he dismissed both of the charges brought against Catherine Beavon.
