The Department of Agriculture said yesterday it has delayed the seizure of the entire stock belonging to a Co Mayo farmer who was sentenced to 28 days in prison for cruelty to a cow, until an appeal against conviction is heard.
Last May, at a sitting of Belmullet District Court, Martin McAndrew of Cornhill, Pollathomas, had been ordered by Judge Mary Devins to dispose of all his cattle and sheep within six weeks. The court heard he had performed an operation on a cow whose uterus had prolapsed after giving birth. The cow died some days later.
When McAndrew reappeared at the last sitting of the court, he stated that, while he had sold some of his stock, he still held 25 sheep and 25 cattle, as well as "four pet sheep" on his farm.
This was confirmed by Department of Agriculture veterinary inspector Noel Kearney, who had visited the farm on October 2nd last and had attempted to count the stock. He said many of the animals were lame, emaciated and blind.
Mr Kearney said he asked McAndrew: "Did you dispose of the animals as the court told you?" McAndrew replied: "I did not. Don't mind her, she [ Judge Devins] had the wrong information."
McAndrew said a neighbour, who had read about his plight in a local newspaper, had since offered to help with the running of the farm. Seán Ruddy, a former policeman who retired to the area, stated he could provide "a younger pair of legs" when checking animals on the mountain.
It emerged that some of McAndrew's farmlands were destroyed during the September 2003 landslide on Dooncarton mountain.
"These animals are his life. He has nothing else. . . they are his life," said Mr Ruddy.
In reply, Judge Devins said: "You purport to be someone with knowledge of matters rural. Did you see the cow Mr McAndrew performed a gynaecological procedure on? That is the main summons he is charged with."
At the May sitting, the court heard that a cow was discovered on his lands with her uterus removed and discarded beside her carcass.
Judge Devins fined McAndrew €500 for "cruel ill-treatment of a cow" and sentenced him to 28 days' imprisonment.
She explained the reason for the imprisonment was to allow Department of Agriculture officials to round up the stock.
McAndrew was also fined €200 for littering, with the court taking into consideration that carcasses were left unburied on the holding.
Veterinary inspector John McGee said since it would be difficult to sell the animals on the open market and they would probably be brought to a slaughterhouse. He added that after transport costs were deducted, the balance would be forwarded to McAndrew.
Defending solicitor Aidan Crowley confirmed that McAndrew intends appealing the conviction.