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A west Clare farmer has lost out on around €20,000 in farm grants due to a Department of Agriculture investigation into breaches when his farm holding was locked up because of TB.
That is according to solicitor Mairead Doyle - for Hallam Studdert (51) - who told Ennis District Court that her client has already suffered a severe financial penalty as a result of the breaches of TB regulations.
The Department of Agriculture locked up Mr Studdert’s 100ac farm at Drumehily, Cree, after a case of TB was found in Mr Studdert’s herd in July 2018.
At Ennis District Court, Judge Patrick Durcan stated that it was a very serious case, as containing infectious diseases such as TB “is essential to the integrity of the national herd”.
Judge Durcan stated: “These are very disturbing cases in rural areas for everyone and they create their own tensions."
He said that the seriousness of the case lies in the fact that Mr Studdert was on notice of the lockdown order.
Judge Durcan stated that Mr Studdert was on notice that “lockdown, lock-in and lock-out pertained to this holding and that didn’t happen”.
Guilty
Mr Studdert pleaded guilty to 18 sample breaches of TB regulations, where over the period from November 2018 to July 2019 he allowed 18 cattle to move on and off his farm holding.
Judge Durcan stated that in such cases “the penalties should be serious and a reminder to members of the farming community to not breach such regulations, as breaches affect an entire nation".
Judge Durcan stated that he was imposing a fine of €600 on one "wraparound" count. He said that the fine “is unusually low”.
He stated that this is the case as Mr Studdert has already suffered huge financial penalties, where he has lost out on various grants, has co-operated fully with the Department of Agriculture, has no previous convictions, that he farms "bad land" and is in very poor financial circumstances.
Judge Durcan stated: “He has adopted a very Christian approach to his community and family. He is a good man.”
Testimonial
Judge Durcan staled that he has received a testimonial from a former Clare IFA chair who described married father of two Mr Studdert as a very hard working man and respected member of the agricultural community.
Judge Durcan also commended the stance taken by the Department of Agriculture, which did not seek costs from Mr Studdert from its "complex" investigation into the case, which involved interviewing neighbours of the Studderts.
Now retired area veterinary superintendent with the Department of Agriculture Declan Holmes stated that because of the animals moving to and from the Studdert farm, restrictions were put on other holdings before they all received the all-clear.
Mr Holmes stated that animals from the Studdert holding were found on four other farms.
Mr Holmes stated that all restrictions were lifted on the Studdert farm in April of this year.
During the period of the offences, Mr Holmes stated that 11 heifers were moved on to a nearby farm and Mr Studdert stated that they were moved to keep them away from the bull on his lands.
Mr Holmes stated that Mr Studdert told the Department that two of the animals strayed on to his farm, while another two were left there by another farmer before taking them to the meat factory without informing Mr Studdert.
Mr Holmes stated: “I do have difficulty accepting that the animals strayed, but we do accept that the other party left them there without Mr Studdert's knowledge."
Ms Doyle told the court that Mr Studdert has a suckler herd and he does some dealing in buying and selling cattle.
Ms Doyle stated that where a herd of a farmer contracts TB, “it is one of the worst things that can happen to a farmer”.
Financial position
Ms Doyle stated: “Mr Studdert is not making a lot of money from farming and his financial position is not good.”
Ms Doyle stated that the 11 heifers in question didn’t come into contact with any other animals.
Ms Doyle stated that her client “is a somewhat vulnerable individual, he is a very simple man trying to make a living from his farm”.
Mr Holmes stated that Mr Studdert “is easily led”.
He stated: “I would say there are other people who used his good nature to buy cattle and he is the kind to help out others and he was holding on to cattle when he shouldn’t have.”
Ms Doyle stated that Mr Studdert hasn’t been before the courts before, won’t be before the courts again and he has learned a lesson.
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