Cork Marts fined €4,250 after RTÉ programme highlighted animal welfare breaches

Olivia Kelleher

Cork Co-Operatives Marts has been fined €4,250 after it pleaded guilty to breaches of animal welfare regulations.

The breaches first came to light after the team at RTÉ Investigates went undercover at marts nationwide as part of the “Milking it – Dairy’s Dirty Secret” television programme.

Cork Co-Operative Marts, trading as Bandon Mart, has been in operation since 1956 and was without previous convictions until this incident. The company pleaded guilty to three offences under European Animal Welfare Regulations.

Bandon District Court heard that the breaches included what Judge Joanne Carroll deemed as being a “completely unacceptable” incident at Bandon Mart in which a customer took a young calf across the road, dragging and lifting its head and tail before placing it in to a calf box. The offences occurred on February 13th, 2023, and April 17th, 2023.

The company pleaded guilty to failing to ensure the welfare of a calf under European legislation which prohibits the lifting of an animal or the dragging of it by its head, ears, horn, legs or tail.

It also pleaded guilty to breaches of legislation relating to the loading and unloading facilities.

The livestock auctioneers had failed to ensure that its facility in Bandon was adequately designed, maintained and operated to avoid injury and suffering to bull calves.

The company also pleaded guilty to failing to comply with rules relating to using a stick when animals are being loaded or unloaded from a vehicle.

The court heard that the Department of Agriculture launched an investigation into several breaches of animal welfare regulations at several marts throughout the country following undercover footage and still photographs captured by RTÉ. The RTÉ Investigates programme aired in July 2023.

Paula McCarthy BL, for the Department of Agriculture, told the court that video footage and stills by RTÉ journalists formed part of the probe. All three offences related to Bandon Mart.

Imogen McGuinness, senior investigator with the Department of Agriculture, said video footage and photography captured by RTÉ on February 13th, 2023, showed a customer of Bandon Mart taking a calf across the road in to a car park “dragging the calf and lifting its tail at an angle.”

The man had failed to reverse his trailer in to position in the intake area and instead dragged the calf across the road.

Video footage captured by RTÉ on April 17th, 2023, also depicted an employee of a transport company striking calves with an ash type stick.

The man was not directly employed by Cork Marts but they accepted that they were responsible for ensuring that he treated the animals properly .

Ms McGuinness said that following the airing of the RTÉ programme they met with management at Cork Marts by agreement.

The company fully co-operated with the Department of Agriculture investigation.

They put additional training in place and disciplined those in non-compliance with regulations.

The company also wrote to their customers in the aftermath of the incident giving a commitment to maintain the highest standards of animal welfare.

The Department of Agriculture is satisfied that Bandon Mart is being run properly following the breaches which occurred on site in Bandon. The mart is full now compliance with all EU regulations relating to animal welfare.

Veterinary staff at the Department of Agriculture have been monitoring the mart. No further incidents have occurred.

Ms McGuinness agreed that the plea to three counts on a full facts basis was of enormous assistance to the State.

'Deplorable'

Donnchadh McCarthy BL, representing Cork Marts, said that management at the company readily agreed that the dragging of the calf by the customer of the mart was “deplorable.”

He said that Cork Marts fully co-operated with the investigation and corrective measures were put in place. Mr McCarthy said that the mart also accepted responsibility for the behaviour of the employee of the transport contractors.

Employees at the mart have undertaken a training programme following the incident. Mr McCarthy also emphasised that Cork Mart was without previous convictions prior to this incident.

“They are in business since 1956 and have never been subject to a prosecution before. They are embarrassed to find themselves here. They took the matter very seriously. Staff were disciplined and new training was organised at a high cost.

"New procedures have been put in place. This is not a defence but the young man seen dragging the calf was not employed by the mart and was not seen by employees of the mart.

"Mart staff are very contrite over what happened. It absolutely cannot happen.”

The mart attempted to identify the customer in question but found themselves unable to do so.

Judge Carroll said that she had seen the photograph of a “young man dragging a calf by the head and tail” at the mart. She described the action as “completely unacceptable.”

Taking the early guilty plea in to account and the remedial actions taken since she fined the company €4,250.

Some €2,000 was for its failure to prevent the dragging of an animal, €750 for deficiencies in its loading and unloading facility, and €1,5000 for the charge relating to the striking of the calf.

The company agreed to pay the legal costs of the Department of Agriculture which amounted to €3,500.

Senior members of management at the Mart were present in court for the hearing. However, they were not required to give evidence.

The company has been given four months to pay the fine and costs.