A magistrate said a farmer should have done more to prevent his animals suffering from starvation for long periods, despite the drought and his personal financial difficulties.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Francis Fitzpatrick, 39, avoided a conviction and was fined $8000 at the Ballarat Magistrates' Court on Thursday after pleading guilty to animal cruelty and failing to provide food and medical treatment to animals.
Defence lawyer Ben Green said Fitzpatrick had made attempts to de-stock his animals before Agriculture Victoria became involved in February 2019.
He said he was struggling to care for them due to the drought and financial difficulties.
"I am not saying the department should assist farmers, but the resources going to this prosecution are extraordinary. We have a system where my client, nice guy, uneducated, hardworking... is crushed," he said.
"He was trying to do the best he could."
Mr Green said his client, from Mount Egerton, tried to sell the animals but there were no buyers and his mental health was poor at the time.
It is not sufficient to say I didn't have enough money and I couldn't find good food.
- Penelope Lucas, prosecutor
Prosecutor Penelope Lucas said a lack of means or ability did not reduce his responsibility for the 48 head of cattle, particularly in the context of a commercial farming arrangement.
She said the case was serious as the animals 'suffered greatly through starvation'.
"It is not sufficient to say I didn't have enough money and I couldn't find good food," Ms Lucas said.
"There were three complaints made by the community and it did require repeated intervention by Agriculture Victoria."
Fitzpatrick had the cattle on his properties in Ballan and Lovely Banks and inspections were carried out from February through to June 2019.
Three cows were euthanised and some died.
Magistrate Letizia Torres said she took into account Fitzpatrick had no prior convictions and had been a farmer most of his life, since age 13.
She initially gave a sentence indication that Fitzpatrick would be fined and convicted if he pleaded guilty to the charges.
This indication was changed to a non-conviction after evidence was provided to the court that Fitzpatrick's work in cattle exporting would be restricted by the imposition of a conviction.
"In my view the offending is very serious and despite the genuine challenges he faced, Mr Fitzpatrick could have done more to prevent extreme suffering of animals," Ms Torres said.
"He had access to information about his options and in my view he should have made better decisions.
"I hope this has been something you have learnt from and I am sure it is."
Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
