On 22 September 2011 Mold Magistrates Court dealt with a case brothers, Gareth and Kenneth Jones, of Wern Fawr Farm, Caerwys. The two farmers (brothers) involved had apparently bought too many cows and could not afford to feed them and ‘a number of cows’ had died as a result of malnutrition. The brothers were prosecuted by the council for failing to provide an appropriate diet for the cows, a dry bedding area for animals and suitable accommodation for sheep.

The judge heard that the brothers were unable to sell their cows at anything other than a considerable loss because of bovine TB ‘lockdown’ restrictions, but they could not afford to feed them all.

Sentencing both, district judge Andrew Shaw said the pair, who are third generation farmers, had failed to make what should have been ‘a very easy decision’ last March. The pair had spent thousands of pounds on new cattle to boost their dairy farm business, but when Flintshire animal welfare officers visited the farm they found malnourished and emaciated cows as well as poorly kept sheep.

The judge said: “You had been farming the land fairly successfully for many years. You were trying to make the farm more successful when you bought more animals in October 2008. Then you faced a dilemma which you should not have struggled with.” He added: “You should have sold them because you had to feed them. That is not difficult and it should have occurred to you both. There is no doubt that animals suffered and some died because of this.”

The brothers were given a community order, which requires them to stay indoors at their home between 9pm and 5am – Gareth Jones for four months and Kenneth for two months. Both are to be fitted with electronic tags and they were ordered to pay £6,500 each in prosecution costs.

Gareth Jones, 55, was handed a harsher sentence because Judge Shaw said he held the main responsibility for running the farm due to his 49-year-old brother’s ill health.

The judge said imposing a prison sentence would be ‘catastrophic’ for both the family and business. They escaped a ban on keeping animals. The judge said he would not stop the brothers keeping animals because it would destroy their livelihood, adding: “It is likely you will be the subject of regular inspections from now on, and you should use your common sense and welcome that. Your plight is going to be extremely difficult in the coming months and you should take advantage of any support you can.”

Information from http://www.flintshirechronicle.co.uk/flintshire-news/local-flintshire-news/2011/09/23/flintshire-farmers-neglect-led-to-death-of-cows-51352-29473802/#.TnxPl5eGrq8.twitter