A Letterkenny farmer banned from keeping animals has been warned that he faces prison if he breaches the order again.
Leslie Stewart was only spared time behind bars by Judge Éiteáin Cunningham after €1,500 to cover outstanding fines was paid into the court.
The 76-year-old of The Thorn, Letterkenny, was charged with keeping, controlling or handling a collie dog and also a sheep and two lambs despite being banned from keeping animals for ten years in September, 2022.
Stewart was handed a three-month suspended sentence and fined a further €500.
Stewart was before Letterkenny District Court charged that on two separate occasions between the October 4-28, 2022, at The Thorn, Letterkenny, he kept, or had charge or control of an animal, to wit a collie dog, in breach of the disqualification order dated 4th October, 2022 and contrary to section 58 (8) of the Animal Health and Welfare Act 2013.
He was also charged that on April 9, 2023, at or near The Glebe, Letterkenny, had charge or control of animals, to wit a sheep and two lambs, in breach of the disqualification order dated October 4, 2022 and contrary to section 58(8) of the Animal Health and Welfare Act, 2013.
When Stewart appeared before the court on Wednesday, it was revealed that €1,500 in fines remained unpaid.
Judge Cunningham said the outstanding fines were “very serious matters”.
Judge Cunningham told Stewart’s solicitor, Mr Kieran O’Gorman: “Your client is coming asking the court not to invoke a suspended sentence and he has not even taken the step of discharging the fines. It is remarkable.”
Mr O’Gorman said that the outstanding fines could be discharged within a month, but Judge Cunningham told the solicitor that this was not satisfactory.
Following discussions with his client and Mr Pat McConnell, who now leases the farm and who was also present in court, Mr O’Gorman said that an advance for the lease of lands could be given and the €1,500 paid to the court.
Ms Johnston said there were no concerns over animals now on the farm. She told the court that officials inspected the lands last Thursday and found 100 animals “all in good condition”.
The court previously heard evidence from ISPCA Inspector Kevin McGinley, who outlined various visits to the property.
On one occasion, a female dog was secured, but a second could not be caught and Stewart told the officer: ‘You’re nothing but a pig’. Later, he said: ‘There is only one type of guard, that’s a dead one’.
On another occasion, Stewart told the ISPAC inspector: ‘I don’t want to speak to the likes of you’
On October 20, 2022, Mr McGinley visited again. He could see the collie wandering on the property. Mr McGinley asked Stewart to secure the dog, but was told that he couldn’t catch it.
On November 1, 2022 Stewart undertook to hand over the dog when he appeared at Letterkenny District Court.
When Mr McGinley called that day, he found the dog to be ‘agitated’. With the dog uncomfortable with a lead, Mr McGinley had to place a grasper on its neck.
Mr McGinley told the court that he never found Stewart co-operative ‘at any stage’ and described him as ‘evasive’.
Mr O’Gorman told the court that his client was unable to catch the collie dog to surrender for the officials and in relation to the sheep, he said Stewart was “putting the sheep into a trailer and didn’t realise that he couldn’t have anything to do with them”.
Mr O’Gorman said Stewart left school before he was a teenager and has been working on the farm since.
The court was informed by Mr O’Gorman that Stewart, who lives on his own, has a heart complaint and other medical issues and that Mr McConnell “is now responsible entirely for every blade of grass on the farm”.
“He (Stewart) is not even entitled to keep a pet and he is very aware of that,” Mr O’Gorman said.
Judge Cunningham, noting that a previous suspended sentence handed down didn’t appear to have acted as a deterrent, asked to hear from Stewart, who was put in the witness box.
Asked by his solicitor if he understood that he could have nothing to do with any animal of any kind, even a pet, or have nothing to do with animals or a farm, Stewart nodded and said: “Nothing”.
Judge Cunningham told Stewart that the Department has put a lot of time and effort into the case and it was open to the court to impose a custodial sentence.
“Aye, I understand that,” Stewart replied and told the judge “naw, I do not” when asked if prison was not a place he wanted to go.
After the sum of €1,500 was handed into court to cover the previous fines, Judge Cunningham said she would use discretion at this time and not invoke a custodial sentence.
“It is open to the Department at any stage to inspect and I have no doubt that the Department will do the checks as a disqualification order remains in place,” Judge Cunningham said. “If any breaches are found, the Court will simply have no option, having afforded you every opportunity. I can’t make myself any clearer.”
Mr O’Gorman said his client appreciated the fact that Judge Cunningham was not imposing a custodial sentence at this point.
On the matters of failing to surrender the collie dog and being in control of the collie dog, Judge Cunningham convicted Stewart and sentenced him to three months in prison with the entirety of the term suspended for a period of 18 months.
“I want to be very clear that I am affording the opportunity and if this matter comes back to court in relation to any new breach, custody is what is going to happen,” Judge Cunningham said.
For being in charge or control of the sheep and two lambs, Stewart was convicted and fined €500, with six months to pay the amount.
“If this is back before me for a failure to pay the fine, there will be consequences,” Judge Cunningham warned Stewart.
Stewart previously served a two year ban and received a suspended jail sentence imposed by Judge Paul Kelly in 2016 after ISPCA officers and vets found several horses and donkeys starving on his property.
Officers continued to monitor Stewart and on further dates between May, 2019 and April, 2021, they found animals in various states of distress as a result of Stewart’s cruelty.
The carcasses of dead sheep were found on his lands with dogs nearby.
Stewart was also charged with keepings pigs in a trailer without enough water, keeping dogs in a van without water and keeping poultry in a small locked trailer without water.
Judge Cunningham described that case as ‘horrendous’ and ‘disturbing’ and that matter was the subject of the ten-year ban from keeping animals and fines totalling €1,500.
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