The Court of Criminal Appeal has dismissed appeals by a Co Tipperary father and son against their convictions of the "most selfish" crime of introducing a BSE-infected animal into a herd to obtain State compensation.
Thomas Hickey (72) and Jeremiah Hickey (38), of Grange, Nenagh, were sentenced to three years in prison after they were found guilty of conspiring to defraud the Minister for Agriculture by placing an animal infected with BSE into a herd with the intention of having compensation paid. Both men had appealed against conviction and sentence imposed on them at Nenagh Circuit Court in December 2006.
The three-judge Court of Criminal Appeal, consisting of Mr Justice Joseph Finnegan, presiding, with Mr Justice Eamon De Valera and Mr Justice John Hedigan, yesterday dismissed the appeals and upheld the conviction and sentences imposed on both men.
Mr Justice Finnegan said the court was satisfied neither man "had established any ground of appeal".
Mr Justice Finnegan said their actions could have had a serious impact on both the Irish economy and the farming community. The reputation of an important industry such as Irish food products could have been damaged, he said.
This was "a crime of the most selfish nature" with almost "incalculable consequences", the judge added.
The Hickeys had brought their appeals on several grounds, including issues relating to the judge's charge to the jury at their original trial in Nenagh, and the admissibility of telephone records during their trial. The DPP had opposed the appeal.
Late last year, following a 25- day trial involving about 70 witnesses, both men were found guilty of placing a BSE-infected animal in the herd at Kilgariffe, Clonakilty, Co Cork, in September 1996 with the intention that the cattle would be destroyed so that herd depopulation compensation, worth €95,000, would be paid. Both men are listed as directors of Hickey Meats.