Donegal judge demands full traceability for cattle illegally moved across border

Cattle which were moved across the border from Donegal to Fermanagh ‘disappeared with ‘no trace’ according to an official from the Department of Agriculture, Food and the Marine.

Donegal District Court was told by the defendant’s legal representative that the animals were in fact sold to a meat factory. However, the defendant, Stephen Douglas Rowe of 3 Tawnawanny Road, Leggs, Enniskillen, County Fermanagh, failed to provide any evidence of this transaction to the department or to the court. 

Judge Éiteáin Cunningham said she would give Rowe one opportunity to ‘put his best foot forward’ by providing the documentation necessary to comply with traceability regulations. 

She adjourned the case to November 24, saying: “I want to be satisfied that the department has all the information they require at this very late stage.”

Initially facing 135 charges in relation to the movement of animals across the border, Rowe entered a guilty plea and the matter was dealt with in respect of 15 charges. 

The defendant admitted ten counts that on or about January 18,  2021, from Bridgetown, Laghey, he exported a bovine bearing a specified ear tag number to Northern Ireland without the required health certificates.

He also pleaded guilty to five counts that on a date between March 9, 2021 and March 30, 2021 inclusive, he exported a bovine animal bearing a specified ear tag number to Northern Ireland from Bridgetown, Laghey, without the required health certificates.

All offences are contrary to Regulation 4(k)(i) of the European Communities (Trade in Bovine Animals and Swine) Regulations 1997 an offence without the meaning of Regulation 19 of the European Communities (Trade in Bovine Animals and Swine) Regulations 1997. 

Sitting on Monday, September 22, Donegal District Court heard extensive evidence from Kieran Devlin, a retired veterinary inspector with the Department of Agriculture, Food and the Marine. He outlined in respect of the charges relating to January 18, that on the same day that officers from his department were looking for the animals in Bridgetown, he was informed that they were being tested for TB in Northern Ireland. This, he was told, was because there weren’t facilities for testing in the South. 

“Officers contacted Mr Rowe and he led the officers on a wild goose chase,” said Mr Devlin. “He never made any contact since.”

Barrister Geri Silke was acting on behalf of the Department of Agriculture, Food and the Marine. She asked the witness to outline the importance of a health certificate in terms of the transportation of animals. 

Mr Devlin replied: “The purpose of the health certificate is to facilitate trade between member states while at the same time ensuring there is proper control if there is an outbreak of a serious disease such as foot and mouth.”

He said that certificates ensured traceability from farm to slaughter, and were a key component of Ireland’s reputation as a food importer. They also carried information based on a physical check including the animal’s age and gender, that they were free from disease, had not been moved from a herd where disease was present, and the means of transport.

“Once that is done, it is recorded electronically and the importing member state is notified electronically so they can be satisfied the animals are free from disease,” added Mr Devlin.

Regarding the charges relating to March 2021, Mr Devlin told the court that he saw the animals in Northern Ireland while accompanying colleagues from Northern Ireland’s Department of Agriculture, Environment and Rural Affairs (DAERA).

Ms Silke asked: “Have those animals ever been located?”

The witness replied: “They have disappeared somewhere, we do not know where. We have no trace of where they are. I don’t know what became of them. It is highly unlikely that they are still alive.”

When asked if Mr Rowe had been given a chance to cooperate, Mr Devlin said the defendant had been written to by his department, and was also written to twice by DEARA. 

“He did not reply directly,” said Mr Devlin. “There was a response from his father to say he had suffered from ill-health and would respond when he was fit to.

“A few days after that we know he was able to make purchases in Manorhamilton Mart.

“There has been no engagement to explain the whereabouts of the animals. 

“In the wider scheme of things it means that our own database work is currently being audited by the EU today.”

Stressing the importance of traceability, Mr Devlin said that last year, expenditure on TB eradication was €100 million. 

“Eradication is based on testing and traceability,” he said. “Traceability also leads to the testing, so if you have a gap in that information and particularly if you are unaware of the gap, the traceability is flawed.”

Defense barrister Peter Nolan acting for McGovern Walsh Solicitors said he had been instructed that the animals had entered the food chain in Northern Ireland, having been tested by officials in Kesh.

Mr Nolan said his client had suffered ill health which he claimed was as a result of the investigation. 

“He instructed me that the Manorhamilton day was with the assistance of his father,” said Mr Nolan.

However, Mr Devlin replied that the mart had recorded the bidder’s name as Stephen Rowe himself. 

Mr Devlin added: “The three animals that were purchased in Manorhamilton Mart, there were question marks over the movement of those. At one stage they were in Mr Rowe’s care and at another, they were in the care of the owners of Manorhamilton Mart.”

Mr Nolan said his client was extremely stressed and had cooperated as best he could. 

Mr Devlin replied: "I respectfully disagree. There is no evidence that he was cooperative.”

The defendant then took to the stand. He admitted the offences, but said it had been an error made during Covid-19 lockdown.

“The advice from the officials was not to travel,” said Rowe. “I brought the animals to my home address for the welfare of the animals and fed them there.”

He said they were out of the jurisdiction for a week or 10 days, and had been inspected by Northern Ireland offices before being sold and entering into the food chain. 

Mr Nolan asked: “When you found out it was being investigated, what happened?”

Rowe replied: “I collapsed and had to be brought into hospital. I hadn’t been in hospital before. 

“It was due to stress because of the approach of the officials and the ongoing investigation.”

Regarding the impact on his reputation, Rowe said: “It has destroyed me. I am no longer able to trade. The farm is just sitting there.”

In answer to accusations of non-cooperation, Rowe referenced his health problems, adding: “My father responded to the department for me. I don’t accept that I didn’t cooperate.”

Ms Silke said: “You categorically did not cooperate.”

Judge Cunningham asked why records of the animals being tested and sold in Northern Ireland had not been furnished.

Rowe replied that he did not know why it had not been done.

The judge said: “Surely you have that information. As we sit here today, can you make that information available for traceability?”

Rowe replied: “Yes, I can contact them.”

Ms Silke stressed to the defendant that he could not get back into trading until the whereabouts of the animals was clarified.

“We don’t have a record from the South or from the North,” she said. “If you don’t get your act together and assist in rectifying the system, this will continue.

“You knew you were coming to court and you haven’t brought anything to show that you sold the animals. If you sell animals you make money. It would show in your bank account. You would have a docket to say what animals were sold to Moneyvale. You don’t have it.”

Rowe replied: “Not with me, no.”

Appealing for leniency for his client, Mr Nolan said Rowe had pleaded guilty, saving court time given that 135 charges had initially been levelled.

“He has no previous convictions, no breaches of the regulations and no subsequent breaches,” continued Mr Nolan. “He has no criminal record in North or South. 

“He says the animals were tested in Kesh in Northern Ireland and the Northern Ireland equivalent were satisfied that there was no difficulty with the animals. 

“In relation to the effects this has had on him, the farm was sterilised, his herd number was suspended, he hasn’t farmed the farm in Bridgetown since 2021.

“The cattle that were involved in this were all purchased and paid for in full. 

“He has suffered damage, both personal and reputational. He was in a very stressful situation and did suffer as a result of that. He apologises to the court. He is taking the matter extremely seriously.”

Ms Silke told the court that prosecution costs amounted to €5,810 inclusive of VAT.

In adjourning the matter to November, Judge Cunningham said she accepted that the defendant had required medical attention but further cooperation was required.

“One letter from his father does not satisfy the court,” she said. “I will however allow him to put his best foot forward, to cooperate with the department. I want full traceability. I will finalise on the next occasion."

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