An Offaly farmer has until next Wednesday to come to an agreement with the Department of Agriculture, gardaí and his family on the disposal of 31 horses and ponies on his land. Otherwise the animals will be destroyed, he was told.
Joseph McNamee (71), Rhode, Co Offaly, was told by Judge John Neilan at Edenderry District Court yesterday that his farming enterprise was over.
Mr McNamee initially failed to appear in court yesterday morning, and a bench warrant was issued for his arrest. He was brought to court by gardaí after the lunch recess.
Leonard Dolan, from the District Veterinary Office in Tullamore, told the court that grass on the defendant's farm had simply run out after he allowed his herd to breed uncontrollably.
He said the defendant's herd was last tested in October 2002, when it was done with the assistance of gardaí. At the time the herd comprised 20 cows, six bulls, seven heifers aged over 12 months and 14 calves under six months. They shared what the defendant called 40 Irish acres with his 31 horses.
Mr Dolan said he had been familiar with the defendant since 1981, and Mr McNamee didn't appear to believe in tagging, registering or testing his cattle.
"I believe he has sold about 19 cattle since we tested them in 2002," he said.
The action against Mr McNamee began last year after gardaí called an officer of the District Veterinary Office to the farm. She found a young cow, which had recently calved, in such poor condition that it was put down. In recent weeks the cattle had been removed from the farm and destroyed. Mr Dolan said that, when removed, 80 per cent of them were not registered. "They were allowed to roam freely, breeding at random. The land could not sustain them," he told Judge Neilan.
He added that the defendant didn't appear to harvest silage or hay, although his family occasionally supplied feed for his animals.
"Unfortunately his brother died two months ago, and a sister a month before that."
Mr Dolan said the ponies were in reasonably good condition because they could scavenge and because some feed had been provided by the department.
Mr McNamee, who was not legally represented, denied there was anything wrong with his animals. He said he had been feeding them meal, hay and silage, and described the charges against him as "the height of nonsense".
"They are in perfect order. There isn't a thing wrong with them," he said.
He told the court he had started his cattle herd in 1956, when he was 21, with the purchase of a heifer for £20.
"I built the whole herd from that over 50 years. There was no testing or tagging in those days. And in one day, he [pointing at Mr Dolan] came along and utterly destroyed my cattle."
Similarly, he had started his horses from a single mare. When asked by Judge Neilan why he bred them, the defendant replied that it was in their nature, and that they were happy. "They were born to be free," he said.
When the judge told him his animals were inbreeding and that the situation could not be tolerated, he replied: "You are interfering with my property."
Judge Neilan explained to the defendant that he was concerned for the national herd.
Mr McNamee replied he had no intention of damaging anyone's herd, adding: "I love my herd."
He reacted angrily to the judge's decision, describing it as "very cruel".