A FARMER whose flock of sheep was culled during the foot-and-mouth outbreak in 2001 has told the High Court in Dundalk that a valuer for the Department of Agriculture asked him to sign a form for leasing trucks when in fact it was a valuation form for sheep.
The claim was made by Brendan Rafferty (49), Ballagan, Greenore, who, with another farmer, John Elmore, Omeath, both Co Louth, has taken an action against the Minister for Agriculture, the Attorney General and Ireland.
They contend that their constitutional rights were breached in the way in their animals were valued during the Cooley Peninsula cull, that they were not properly compensated and that they suffered severe stress, anxiety, distress and emotional turmoil.
Opening the case, Gerard Hogan SC, for the plaintiffs, said the valuation did not take account of the genetic merit of the individual animals or their intrinsic value to the farmer. Mr Rafferty said he was given no option but to send his flock for culling. There was no discussion on whether an arbitrator could be involved or that he might appeal.
Feichín McDonagh, defending, said there was no appeal process under the compensation scheme. The plaintiffs were seeking compensation based on the economic progress of their farms and this was impossible to calculate because of the variables that could not be foreseen.