Certain convictions and sentences imposed on a Department of Agriculture official who admitted having dead and injured animals on his lands have been set aside by the High Court.
The Minister for Agriculture sought the orders quashing some, but not all, of convictions imposed earlier this year on Bernard Kilgariff, otherwise known as Brian, who was a senior official with the Department of Agriculture who had investigated animal welfare issues.
Last June he was convicted before Sligo District Court of animal neglect and animal welfare breaches and over his failure to have his animals tested for TB and Bovine Viral Diarrhoea (BVD) since 2016.
The allegations against him included that he had breached the 2015 Disposal of Carcases Regulations.
Mr Kilgariff pleaded guilty to a number of charges relating to neglect or being reckless regarding the health or welfare of an animal.
District Court Judge Kevin Kilraine gave Mr Kilgariff (64) of Bricklieve, Castlebaldwin, Co Sligo a four-month prison sentence, suspended for two years, on each of the charges relating to the animal carcasses and the animal welfare charges.
Mr Kilgariff was also convicted on the two testing charges and fined €1,000 in each matter. The convictions and sentences were not appealed, the court heard.
Sentencing error
In High Court judicial review proceedings, the Minister, represented by Mark Dunne SC, said the District Court judge erred in law and acted in excess of its jurisdiction by imposing a concurrent four-month suspended prison sentence in respect of offences concerning the disposal of animal carcasses.
The two charges he pleaded guilty to, Mr Dunne told the court on Tuesday, were on dates between December 16th, 2019 and January 24th, 2020 at Bricklieve, Castlebaldwin, Co Sligo where he allowed the carcass of an animal, namely a cow, to be on land to which a dog may have access.
His actions were deemed to be breaches of the 2015 Disposal of Carcases Regulations, counsel said. The maximum penalty which could be imposed for such an offence under those regulations is a fine, they added.
The error in that aspect of the sentencing was only noticed by the prosecution after the hearing before the District Court had concluded, they argued.
As a result, the Minister brought proceedings aimed at having the suspended sentences and the convictions in respect of the two breaches of the 2015 regulations quashed. The Minister was not seeking to have those matters remitted back before the District Court.
Counsel added that the remainder of the District Court's orders against Mr Kilgariff are valid and remain intact. This includes the order under the 2013 Animal Welfare Act disqualifying him from holding a heard number for five years which the Minister says was lawfully made and within jurisdiction.
The matter came before Mr Justice Charles Meenan who said he was satisfied to grant the orders sought by the Minister.
Mr Kilgariff was not present nor represented during Tuesday's hearing. However, the Judge said he was satisfied from the evidence that Mr Kilgariff had been made aware of and served with the relevant documentation in the proceedings.
The judge added that Mr Kilgariff was not prejudiced by the orders sought, adding that the orders quashing the convictions and sentences were to his benefit.
