McConalogue denies seeking to have official's animal cruelty convictions quashed

The role of the department official convicted of animal neglect and animal welfare breaches was to investigate animal welfare issues

Charlie McConalogue has been called upon by the Opposition to explain why he applied to the High Court earlier this month to have the convictions amended, but has insisted he did not seek to have them struck out. File photo: Julien Behal

Agriculture Minister Charlie McConalogue has denied he sought to have convictions for animal cruelty against one of his department officials quashed, as suggested in recent days.

Mr McConalogue has been called upon by the Opposition to explain why he applied to the High Court earlier this month to have the convictions amended, but has insisted he did not seek to have them struck out.

In a statement to the Irish Examiner, a spokesman for Mr McConalogue said the Minister has not sought to challenge the conviction of a department official over animal welfare issues.

The Minister was obliged to bring proceedings before the High Court in order to protect the integrity of the overall conviction, as the suspended custodial sentences handed down by the court in respect of two of the four offences were not provided for in legislation, the spokesman said.

"The Department official concerned will remain convicted of all four offences and will have to serve the four-month suspended sentence imposed on him by the judge, irrespective of the outcome of these proceedings. 

"Any neglect of animals or cases of animal cruelty will, where warranted by the evidence, be pursued through the courts by the Minister and the persons responsible held publicly accountable for their actions.”

The animal cruelty case

Earlier this month, the minister brought a High Court challenge aimed at setting aside parts of a conviction imposed on one of its officials who had dead and injured animals on his lands.

The Minister's action related to Bernard (otherwise Brian) Kilgariff, who as a senior official with the Department of Agriculture had investigated animal welfare issues.

In June, Mr Kilgariff was convicted before Sligo District Court of animal neglect and animal welfare breaches, along with failing to have his animals tested for TB and Bovine Viral Diarrhoea (BVD) since 2016.

The allegations on the summons before the District Court included that he had breached the 2015 Disposal of Carcasses Regulations.

Mr Kilgariff pleaded guilty to two charges relating to the testing breaches, and to four of 10 charges relating to neglect, or being reckless regarding the health or welfare of an animal.

Judge John Kilraine gave Mr Kilgariff (64) of Bricklieve, Castlebaldwin, Co. Sligo, a four-month suspended prison sentence on each of the charges relating to the animal carcasses.

Mr Kilgariff was also convicted on the two testing charges and fined €1,000 in each matter.