TWO MEN have been remanded on bail after they were charged with 100 offences relating to the alleged interference with the testing of cattle for bovine tuberculosis at their farm in west Cork.
Brothers Maurice Power (48) and Gerard Power (43), Ballyvolane, Ballinadee, Co Cork, appeared at Bandon District Court yesterday where they each faced 50 charges relating to the testing of cattle at their farm between March 31st and April 3rd, 2008.
Garda Insp Brendan Fogarty said the State would allege that the Powers were not happy when department inspectors tested the herd on March 31st 2008 and reported that three animals had tested positive for bovine TB.
The State would say that when inspectors returned a few days later to check on the results of the tests on other animals, they carried out further tests and found that another 56 animals tested positive for bovine TB, giving rise to suspicions of interference. All 59 animals had to be removed for slaughter.
It was alleged that there had been some interference to mask the incidence of TB as result of injecting some foreign body into the animals, he said.
Each man is charged with 25 counts of introducing a substance into the body of an animal for the purpose of interfering with the TB test. Each man is also charged with a further 25 counts of failing in their duty as the owners of the animals to take such care of them so as to prevent the introduction of a substance which would interfere with the TB testing.
Insp Fogarty told the court the DPP had elected for summary disposal at a District Court but it was a hybrid offence and the judge had power to decline jurisdiction so he gave an outline of the case for Judge James McNulty to decide.
He said it was a complex case which followed a lengthy investigation by Department of Agriculture officials, led by veterinary inspector Brian Flaherty, which revolved around the testing of animals in the Powers’ herd of 124 cattle.
Insp Fogarty said the penalty for the offence in the District Court was a fine of €1,500 on each charge and/or 12 months imprisonment while, if dealt with by indictment at Circuit Court level, the penalty was €100,000 on each charge and/or five years in jail.
Solicitor for the Powers, Albert Woulfe, said his clients, whose stock had been decimated and who had received no compensation for the animals removed from their mother’s 75-acre holding, vehemently denied the accusations and would be contesting the matter fully.
Upon hearing an outline of the alleged facts of the case, Judge McNulty refused jurisdiction whereupon Insp Fogarty applied for an adjournment to allow for further consultation with the DPP.
The case was adjourned until March 19th.
