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Case #15119 Rating: 1.0 out of 5
Cow neglected, dragged behind tractor
Lemonfield, IR (UK)Incident Date: Saturday, Mar 15, 2008
Disposition: Convicted
Defendant/Suspect: Richard Smith
Case Updates: 1 update(s) available
A CO LIMERICK farmer has been given a four-month jail sentence for cruelty to animals "of the most appalling kind".
Limerick District Court heard evidence yesterday of how a cow was dragged by a rope attached to a tractor through a field where it was left lying without water for a week.
Richard Smith (48), Lemonfield, Crecora, Co Limerick, pleaded guilty to two charges of cruelty to animals and to one charge of failing to inspect his herd at his Co Limerick farm on March 15th, 2008.
An inspector with the Limerick Society for the Prevention of Cruelty to Animals (LSPCA) asked that Smith, who has a previous conviction for animal cruelty, be banned from keeping animals for life after he described the injuries in the case "as the most horrendous" he had ever seen.
Noel Shinnors submitted photos taken during an inspection of Smith's farm, which Judge Tom O'Donnell said were "the most upsetting I have seen in my time as a judge".
"The cruelty in this case brings this to a much higher level that must offend every sense of decency and there are aspects which are utterly awful," he said. "There is clear evidence in relation to one animal where there was deliberate infliction of pain and suffering of the most awful nature . . . This was cruelty of the most appalling kind."
Mr Shinnors said an inspection was carried out on Smith's farm on March 15th following an anonymous phone call about a cow being left to die in a field. He called the Garda after he failed to make contact with the farmer or gain access to his land. When they went to inspect the farm, they discovered a cow in the yard, which was very thin and malnourished.
Mr Shinnors told of how another cow had been dragged through the field by a rope and a tractor. "This cow had suffered the most horrendous injuries I've ever seen in my life." He said the whole back of the cow's body had rotted and said there was a rope tied around its hind legs.
May Humphries, district inspector with the Department of Agriculture told the court that 15 animals had been removed from Smith's farm since this incident. She agreed that the photos submitted to the court were "most appalling".
During a visit to Smith's farm this week, she observed that the animals had enough fodder but expressed concern that the farmer was not able to cope with the management of a dairy herd.
Defence solicitor John Herbert said his client suffered from depression, which had peaked prior to the offences following a "very difficult winter for farmers".
He said prison would be "detrimental" to him. He was slowly beginning to accept that running a dairy farm was not for him and that IFA members also believed he should leave dairy farming.
Before imposing the sentence, Judge O'Donnell said it was manifestly clear that the pain and suffering in the case was a result "of the deliberate and appalling conduct of the defendant".
He agreed to postpone the start of the sentence until February 18th to allow Smith time to make arrangements for his farm.
Judge O'Donnell fined him a total of �2,500 on the animal cruelty charges and also ordered that he pay the LSPCA expenses of �1,000.
Case UpdatesRichard Smith has avoided a jail sentence for animal cruelty offences after Limerick Circuit Court was told he is no longer involved in farming.
Mr Smith, 49, of Lemonfield, Crecora, was sentenced to four months in prison in January 2009 after he pleaded guilty to charges relating to what was described as "one of the most horrendous" cases of animal cruelty to ever come before Limerick District Court.
Mr Smith, who secured 173 first preference votes in last year's local elections in the Adare electoral area, pleaded guilty to three charges relating to the discovery of a number of dead calves and two malnourished cattle on his farm in March 2008.
Judge Tom O'Donnell heard evidence that a cow had been dragged with a rope to an outlying area of the farm and that a number of dead carcasses and two "very, very thin and malnourished" animals were found when gardai inspected the farm.
The judge said that aspects of the case were "utterly awful" and he said it was clear the animals had suffered as a result of the "deliberate and appalling conduct" of Mr Smith.
During an appeal against the severity of the sentence, which was heard a year ago, Mr Smith who runs Richie Tyres on the Kilmallock Road, gave an undertaking not to keep or breed animals on his Crecora farm during between November and March each year.
The appeal was adjourned for a year but last July Mr Smith told the Limerick Leader he had decided to put the 70 acre farm up for sale and to "move on in life".
When the appeal came before Limerick Circuit Court for review this Tuesday Michael Murray, state solicitor, said a total of 73 animals at the farm had been destroyed but he said the defendant had complied with his undertakings and that he was no longer involved in farming. "He has ceased all farming, he has no animals at this stage," he told the court.
Judge Carroll Moran said he was "glad" that Mr Smith was no longer involved in farming but he said the offences were still "very serious".
He suspended the four month prison sentence for six months on condition that Mr Smith does not re-offend.
The judge ordered that Mr Smith should still pay the €2,500 fine which was imposed on him at Limerick District Court and the defendant was ordered to pay €1,000 towards the expenses of the LSPCA. | Source: Limerick Leader - Jun 4, 2010
Update posted on Jun 10, 2010 - 6:43PM |
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