High Court quashes two convictions against Bernard otherwise Brian Kilgariff

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court quashed two carcass disposal convictions and their sentences against Bernard otherwise Brian Kilgariff, a Department of Agriculture official. The proceedings were reported on 21 December 2021.

Kilgariff pleaded guilty to the two charges and to a number of charges relating to neglect or recklessness concerning animal health or welfare.

The two carcass charges concerned a cow’s carcass being on land to which a dog may have access at Bricklieve, Castlebaldwin, Co Sligo, on dates between 16 December 2019 and 24 January 2020, counsel for the Minister for Agriculture told the High Court.

In June 2021, Sligo District Court convicted Kilgariff of animal neglect and welfare breaches and of failing to have his animals tested for TB and Bovine Viral Diarrhoea since 2016. Judge Kevin Kilraine imposed a four-month prison sentence, suspended for two years, on each carcass and animal welfare charge. Kilgariff was fined €1,000 on each of the two testing charges.

In the judicial review, the Minister’s counsel, Mark Dunne SC, said a fine was the maximum penalty for the carcass offences and the prosecution noticed the sentencing error after the District Court hearing. The Minister did not seek to have those matters sent back to the District Court.

Mr Justice Charles Meenan granted the orders sought on 21 December 2021. The remaining District Court orders stayed intact, including the suspended sentences on the animal welfare charges and a five-year disqualification from holding a herd. Kilgariff was neither present nor represented at the High Court hearing; the judge was satisfied he had been notified and served with the documents.