A Co Kildare sheep farmer has lost his High Court claim that the Department of Agriculture acted unlawfully when it ordered him to move his 550 sheep off the Curragh during the foot-and- mouth scare last year.
Mr Percy Podger, French Furze, the Curragh, had claimed 50 sheep died from starvation because he had had to move them from the Curragh, where he had about 5,000 acres in grazing rights, to a 75-acre farm. Mr Podger said he did not have the capacity on his farm to cater for all his animals after lambing and had had to supplement feeding for the animals.
In an affidavit, he said his livelihood had been destroyed by what seemed to be "the machinations of certain persons employed by the Minister for Agriculture who seem to be dedicated to the removal of sheep from the Curragh". If he was not permitted to return the sheep to the Curragh, he would have to sell his flock, he said.
An earlier court hearing was told the Department gave Mr Podger a directive on March 26th last year to remove his sheep from the Curragh by 9 a.m. on March 27th, the day the Minister made an order for the removal of animals.
In a reserved judgment, Mr Justice O'Caoimh said the Diseases of Animals (Amendment) Act 2001 was clearly intended to come into immediate operation on its passing and to be of immediate force and effect. He did not accept that the legislation had no effect until the Minister made an order.