Cork pig farmer pleads guilty to cruelty and neglect

Defendant failed to treat or euthanise a pig after it was left in pen to be eaten alive

The owner of a Mitchelstown pig farm pleaded guilty yesterday to cruelty and neglect in relation to animals, including one count of an animal being left in a pen to be eaten alive.

A jury of nine men and three women was sworn in yesterday morning after Rory O’Brien and his wife Monica O’Brien of Killicane, Mitchelstown, Co Cork, and the farm manager, Seamus Curran of Kiltrislane, Mitchelstown, pleaded not guilty to a total of 88 counts related to alleged cruelty to animals.

However, lawyers in the case spent the following hour in discussions outside the courtroom on Washington St, Cork, and, by the time they returned to court, there was no longer a need for a trial. Alice Fawsett, prosecution senior counsel, said the Director of Public Prosecutions was entering a nolle prosequi on all charges against Monica O’Brien and Seamus Curran. That saw them cleared of all charges and free to go.

Rory O’Brien, who had pleaded not guilty to 32 counts on the indictment, was then re-arraigned on five counts and he pleaded guilty to all five.

Kenneth Fogarty, defence senior counsel, said that sentencing was likely to take longer than normal and that a number of witnesses would have to be called. He intends to call the defendant’s accountant and a veterinary expert in mitigation.

Sentencing was adjourned by Judge Seán Ó Donnabháin until February 12. He asked the prosecution if they had had any objection to the accused, Mr O’Brien, being remanded on bail.

Ms Fawsett SC said he had been on bail, there was no objection to him being on continuing bail, and there were no prosecution fears about the accused not turning up for sentencing.

Two of the charges to which O’Brien pleaded guilty carry maximum penalties of three years imprisonment and/or a €100,000 fine. The other three carry maximum penalties of two years and/or a €10,000 fine.

Mr Fogarty SC suggested he might apply for a probation report at the time of sentencing. Judge Ó Donnabháin asked what he hoped to achieve by this. The senior counsel said that it would be a factor if community service was a possibility.

“They [the probation service] might say he would be better on the side of the road picking up pieces of paper than sitting in prison,” said Mr Fogarty.

Before the jury was selected yesterday morning Judge Seán Ó Donnabháin warned the panel that the case could last seven to 10 days.

The five charges to which Mr O’Brien pleaded guilty were, as follows:

1. That he did between May 3 and Sept 8, 2011, at Killicane, Mitchelstown, fail to take the necessary steps to ensure the welfare of pigs in his possession or under his control and that he failed to ensure the animals were not caused unnecessary suffering or injury by failing to treat or euthanise them.

2. That at the same place during the period June 7 to 10, 2011 he failed to comply with a welfare notice dated June 7, 2011, relating to animals in his possession or under his control or care.

3. That on May 9, 2011, he caused unnecessary suffering to a pig by failing to treat or euthanise it after its flesh was extensively eaten on its ribcage.

4. That on June 3, 2011, he caused unnecessary suffering to a boar by failing to treat or euthanise it when it had swollen joints and chronic abscesses.

5. That on July 25, 2011, he caused unnecessary suffering to a pig by failing to treat or euthanise it after it was eaten alive, damaging its left side, leaving a large bleeding wound.