A former North Otago farmer was not responsible for calves and cows starving, and some dying, three years ago on a Kurow farm because a contractor he employed was supposed to look after them, Judge Joanna Maze determined in the Oamaru District Court yesterday.
Anthony James Lauren (42) denied six charges brought by the Ministry of Agriculture and Fisheries under the Animal Welfare Act and Judge Maze heard evidence in March and last week in Timaru, delivering a reserved decision in Oamaru yesterday.
Judge Maze dismissed all charges.
Lauren faced three separate charges of ill-treating 13 cows and calves requiring euthanasia because of a lack of food, 143 cows and calves found dead after suffering pain and distress because of a lack of food, and 185 cows and calves found alive between May 12 and July 28, 2009.
In relation to the same number of cows and calves, he also faced three separate charges of, being in charge of the cattle, failing to ensure their physical health and behavioural needs were met by providing proper and sufficient food on the same dates.
One of the major issues was who was responsible for looking after the stock on Mt Belle farm, which Lauren leased.
Another issue was whether a ministry official had been properly appointed and had the authority to go on to the farm and process the charges.
In her decision, Judge Maze said there was one central conflict in the facts - whether Lauren employed Kurow contractor Simon Johnston to care only for calves on the flats or for all the stock on the farm, including the hill country where the distressed animals were.
"There is one exhibit ... which speaks volumes and which alone answers this central question, although there is other reliable evidence to support this conclusion," she said.
The exhibit was an account from Mt Belle Contracting Ltd that Judge Maze was satisfied beyond reasonable doubt showed Mr Johnson was employed to look after all the stock on Mt Belle.
The account was paid and the cheque cashed, and it would be illogical for Lauren, who at that time was working in Timaru, to have employed the contractor to look after only some of the stock.
Evidence on conversations between Lauren and Mr Johnston differed, but Judge Maze rejected Mr Johnston's credibility when he described these.
She was also satisfied beyond reasonable doubt that Lauren, from time to time, inquired about the stock.
When the stock were put on the hill portion of the farm, Lauren estimated there was enough pasture for five to six weeks' feed and he instructed Mr Johnston when he took over from June 4, 2009, to check weekly and notify him when that feed was running out, she said.
Lauren had also been criticised for not seeking veterinary help on July 23, 2009, when he found out about the condition of the cattle, but Judge Maze found he had done all he could.
On the three charges related to being in charge of the stock and failing to ensure their health, Judge Maze found Lauren had engaged, directed and paid an agent to provide proper and sufficient feed, repeated instructions to check the animals on the hills and checked the agent's performance.
In relation to the charges, Judge Maze found. -
• Three charges of ill-treating animals failed because the offences occurred through the hands of the agent and contrary to Mr Lauren's expressed authority.
• Three charges of failing to ensure provision of proper and sufficient food failed because Lauren had taken all reasonable steps to meet that duty.
