An animal medicines supplier and his company were yesterday fined £6,400 after pleading guilty to possessing and selling unauthorised animal remedies.
Timothy Francis Spillane, of Teadies, Enniskean, west Cork, pleaded guilty to four specimen charges dating between 1994 and 1995.
A company mainly-owned by Spillane, Spillane Agricultural Services, of Main Street, Ballineen, also pleaded guilty to four similar charges over the same period.
A Department of Agriculture inspector, Mr Brian Flaherty, told Bandon District Court that the products over which Spillane was charged had never been licensed. He and some colleagues visited Spillane's shop at Ballineen, on August 17th, 1994, and seized products which contained unauthorised medicines.
Later in 1995, they were carrying out an investigation in Co Waterford when a courier van arrived with unauthorised animal medicines from Spillane.
He and a colleague visited Spillane that night at his home and the following day called to his warehouse at Unit Three, Carbery Industrial Estate, at Dromicdicough, Ballineen.
They seized unauthorised animal medicines and although Spillane was not charged with manufacturing the products, it was his belief that he had been making them there.
"He has never been charged with manufacturing but the amount of unauthorised products and the filtering equipment, mixing gear and drums we found there suggest he was manufacturing."
He said they carried out a two-month investigation which led them to seize more unauthorised animal remedies at premises operated by Spillane at Skibbereen mart. "I reckon it was the biggest operation of its kind in the country."
Cross-examined by Spillane's counsel, Mr Pearse Sreenan, Mr Flaherty accepted that Spillane had never attempted to hide his business but operated openly from a shop in Ballineen.
Spillane said he had employed a pharmacist and vet to provide technical expertise but that there were a lot of grey areas on what products were authorised.
It seemed to him that the Department was confused as "there was a black hole about the status of a lot of products". He had made some 20 applications to the Department in the past year to have products licensed but was having difficulty in progressing the case.
Judge Brendan Wallace said he had to take a serious view - particularly as Spillane had two previous convictions for "not dissimilar offences" - and had a duty to protect the public from toxins. He fined Spillane and his company £800 on each charge. The maximum fine was £1,000 but he had to give him a discount for pleading guilty. He ordered him to pay £800 expenses and £400 costs.
He ordered the seized medicines to be forfeited and warned Spillane that if he came before him again, he would have no hesitation in imposing jail.