The Department of Agriculture is to appeal the judgement that saw a farmer who had received a 100% Single Farm Payment penalty from 2010 effectively overturned.

The case, brought by Co Tipperary farmer Michael O'Connor, saw him receive a judgement awarding him the majority of his legal costs plus the SFP in excess of €100,000.

The Department of Agriculture is now contesting the verdict in the Court of Appeal. According to the official courts website, court papers were lodged on Tuesday.

Criticism

In the High Court last July, Judge Michael White criticised the findings of the inspectors who carried out the inspection on the commonage land. "The court is faced with the situation that the inspection that led to the imposition of the SPS penalty was procedurally flawed and the legalities of this were not dealt with on review or on appeal," he ruled.

The judge ruled that the inspection was so "procedurally flawed" that the farmer should be entitled to his basic payment for his eligible land of 160.57ha in 2010, which comes to just over €124,000, but should not be paid any sum for the wrongly claimed commonage.

Mr O'Connor was also found to be liable for the 5% sanction imposed as a result of a separate cross-compliance check on his cattle.

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