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Dairy farmer mounts court challenge to overturn milk sale ban – Irish Farmers Journal
Sep
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A dairy farmer and farm company set to stand trial for several counts of alleged animal neglect plan on trying to overturn an order banning them from selling milk.
The bid comes as they mount a wider High Court challenge against the Department of Agriculture.
The High Court has heard that Seán Coughlan of Cum, Laherdane, Ballina, Co Mayo, and Coughlan Farming Limited intend to seek a stay on Department of Agriculture enforcement orders in place against the farm at the centre of the neglect case, in addition to their challenge of the orders themselves.
A stay is a High Court order that puts a pause on proceedings before – or an order handed down by – a circuit court.
Justice Mary Rose Gearty heard on Thursday that the contested leave application sought by Mr Coughlan and the company could take in excess of half a day to hear.
Justice Gearty said that judge availability meant matters would have to wait until 29 September to get a hearing, despite Mr Coughlan’s representation voicing “considerable urgency” on his clients’ behalf to get matters moving due to the order’s impact on the day-to-day running of the farm.
It was the State’s barrister who informed the judge that a stay is to be sought in addition to the judicial review.
The court heard that the Department is keeping the farm “under constant supervision and it is anticipated there will be inspections [in the] next number of weeks” as the factual position of the “very significantly sized herds across three locations” is constantly changing.
It was agreed that further statements will likely need to be sworn by both sides arising from Department inspections expected to take place on the farm before the September hearing, due to the nature of Mr Coughlan and the company’s complaints regarding the Department’s conduct.
The State’s case
The case from which the High Court challenge stems relates to Department of Agriculture claims of animal neglect and failure to ensure animals were kept in a manner that would not threaten their health against Mr Coughlan and the company dating back to late 2022.
Mr Coughlan and the company deny the charges and Mr Coughlan claims he never willfully caused harm to any animals.
He has alleged that the Department of Agriculture’s treatment of him and the Co Roscommon farm has contributed to the issues that were witnessed there.
A breach of bail conditions, which the State said included the unsanctioned movement of animals into and out of the Roscommon dairy herd, resulted in the revoking of Mr Coughlan’s bail at a sitting of Roscommon Circuit Court earlier this year.
Amended bail terms proposed by the prosecution at a March sitting of the court sought an undertaking from Mr Coughlan that he would not place milk or meat from untagged animals on the market, among other revised bail conditions.
Mr Coughlan declined to agree to these conditions and was taken into custody as his bail was revoked by the presiding judge.
Roscommon Circuit Court then heard in early June that the accused was later re-released on bail on foot of High Court proceedings and that he had engaged new legal representation after representing himself at the time he was jailed for breaching bail.
The new barrister stated at this June hearing that an expert report would form part of his clients’ defence of State’s animal neglect charges.
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