€1,200 fine and €5,810 costs for illegally moving cattle across border from Donegal

A man who faced numerous charges relating to the illegal movement of cattle from Donegal to Northern Ireland has been fined €1,200 and ordered to pay costs of €5,810.

Judge Éiteáin Cunningham had previously ordered that paperwork be produced showing where the animals had been slaughtered after the court heard that they had ‘entered the food chain’ some time ago.

Stephen Douglas Rowe of 3 Tawnawanny Road, Leggs, Enniskillen, County Fermanagh was before Donegal District Court on Monday, November 24. The case was heard in Ballyshannon Courthouse due to Donegal Town Courthouse being closed for health and safety reasons.

Having initially faced 135 charges, Rowe pleaded guilty to 30 sample charges from four sets of summonses. 

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 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.

The 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. 

Rowe pleaded guilty to ten counts that on January 18, 2021, he exported a bovine animal with a specified tag number to Northern Ireland from Bridgetown, Laghey without an intradermal tuberculin test being carried out during the 30 days preceding loading.

He further admitted five counts that on a date between March 9 and 31, 2021, he exported a bovine animal with a specified tag number to Northern Ireland from Bridgetown, Laghey, without an intradermal tuberculin test being carried out during the 30 days preceding loading.

These offences are contrary to Regulation 6 of the European Communities (Trade in Bovine Animals and Swine)  Regulations 1997 and being an offence without the meaning of Regulation 19 of the European Communities (Trade in Bovine Animals and Swine) Regulations 1997 (SI270/1997)

The previous court sitting on September 22  heard that 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.

That sitting Donegal District Court was told by the defendant’s legal representative that the animals were in fact sold to a meat factory where they entered the food chain. However, Rowe failed to provide any evidence of this transaction to the department or to the court. 

Extensive evidence was heard 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 acting on behalf of the Department of Agriculture, Food and the Marine 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.

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.”

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.

He claimed his client had suffered ill health as a result of the investigation. 

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

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

“The three animals that were purchased in Manorhamilton Mart, there were question marks over the movement of those,” added Mr Devlin. “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. 

Rowe said that when he found out he was being investigated, he collapsed and had to be brought into hospital. This, he claimed, was due to the stress of the situation.  

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.

“You knew you were coming to court and you haven’t brought anything to show that you sold the animals,” she said. “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 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.”

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.”

At the court sitting on November 24, barrister Peter Nolan handed in evidence of the animals being slaughtered. 

“All of the animals are accounted for,” he said. “The dates on which they were slaughtered are all on the list. I am happy to say that all of the concerns raised by yourself have been dealt with. The final destination of those animals is now clear.”

State solicitor Kieran Dillon expressed concern that the information provided did not go far enough. 

This was acknowledged by Judge Cunningham who said: “It is at the 11th hour and it does put the department in a position that can’t indicate if there are any consequences. 

“Further inquiries will be required but I have enough information for the court to make a decision in terms of sentencing. 

She imposed a conviction and fine of €300 on one charge from each of four sets of summonses, with the remaining 26 charges taken into consideration. 

As well  as fines totalling €1,200, Rowe was ordered to pay prosecution costs of €5,810.