Farmer loses appeal against jail term

A CIRCUIT Court judge yesterday doubled a six-month sentence on a Co Tipperary farmer who had pleaded guilty a month ago to possessing…

A CIRCUIT Court judge yesterday doubled a six-month sentence on a Co Tipperary farmer who had pleaded guilty a month ago to possessing illegal animal growth promoters, including "angel dust".

Judge Anthony Kennedy increased to 12 months the sentence on Ronald Armitage, Uskane, Borrisokane, who was appealing to the Circuit Court in Athlone against the six-month sentence and fines of £12,000 imposed by Athlone District Court.

Dealing with the appeal against severity of sentence, the judge said he was not impressed by Armitage's plea and said using the drugs was "planned, premeditated dishonesty".

Judge Kennedy agreed that the warrant for his imprisonment should not be issued for eight weeks from yesterday in order to allow him get his affairs in order, and ordered that Armitage hand over his passport.

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Ms Nuala Butler BL, for the Minister for Agriculture, said Armitage had pleaded guilty to 12 charges relating to five different inspections on his land on four different dates.

The charges related to possession of illegal animal drugs between September 30th, 1993, and February 13th, 1995. Four of the inspections took place on his home farm and one at land rented at Croghan, Co Roscommon. The substances involved included clenbuterol (angel dust) and hormone cocktails made up of other drugs.

Mr Michael Hayes, superintendent of the Veterinary Office in Nenagh, described Armitage as a "very substantial farmer" who owned 200 acres of his own and farmed 500-600 acres.

"He is one of the biggest fatteners of cattle in the country and in the April-July period last year sent over 400 cattle for slaughter," he said.

Armitage accepted full responsibility for the substances found on his farm. He had used the substances when they were legal. He said he did not understand the danger of using such substances but he did now.

Armitage said he had four children aged 17 to 10 years. The eldest was doing her Leaving Certificate in Borrisokane, two others were at Wesley College, Dublin, and the youngest girl was in national school locally.

He said he was from a fourth or fifth generation of his family living in a closely-knit Methodist community in north Tipperary.

Asked where he had purchased the drugs, Armitage said he had got them on the black market.

"They call around to people", he told Judge Kennedy.

He now accepted he had behaved in an outrageous manner.

His parents, in their 80s, had "hit the roof completely" when he was convicted. So, too, had his wife and family and everybody else he knew.

He told Mr Phelan his children had been "bullied and teased" at school because of the conviction and he had left the house only three times since the court case four weeks ago.

If he was sent to prison, he said, his 16-year-old son would not be capable of running the farm and would have to be taken out of full-time education in Wesley College.

He said he could not explain what he had gone through over the last four weeks and the embarrassment he had caused to his wife, family and parents.

He undertook never to have anything to with this again.

"My membership of the IFA was withdrawn and all the other farmers in the locality snub me. I have not been out much in the past few weeks," he said.

In rely to Ms Butler, he said the black-market drugs continued to be supplied by the same people after they were made illegal.

A retired local schoolteacher, Mr Paddy Fogarty, said he knew Armitage as a very decent, upright and honourable man.

The Superintendent of the Dublin South Methodist Circuit who had worked for six years with the Methodist community in north Tipperary said the conviction had "rocked" the 150/200-strong Methodist community in the area.

Mr John Phelan BL, for the appellant, said the shock caused to the local community was surpassed only by the appalling embarrassment and hurt caused to his parents and his wife and children. The threat of a prison sentence on him had been quite devastating.

Judge Kennedy said he was not at all impressed by the appeals for mitigation and the only question he was asking himself was how he could increase the penalties.

He did not accept Armitage's protestations of naivety that he did not understand the dangers of using these substances.

"These were a series of offences over 17 months. This was planned, premeditated dishonesty regardless of the public health risk," he said.

He said there were no extenuating circumstances other than his guilty plea.