Stephen Crawford, a County Fermanagh farmer was seeking consent for a judicial review from the Department of Agriculture after he had failed to be paid for pedigree Limousin killed following bovine tuberculosis checks. The Department of Agriculture took the decision to initially withhold £168,000 in compensation for the slaughtered cattle while suspected irregularities in the tests carried out in 2006 were investigated.

Mr Crawford, of Greenhill Road, Maguiresbridge, was prosecuted for allegedly interfering with the process by administering an unknown substance. He was acquitted of all 11 charges brought against him under the Diseases of Animals (Northern Ireland) Order 1981.

Mr Crawford issued court proceedings to challenge the decision to withhold compensation pending the outcome of an in-house adjudication panel.

His lawyers argued that the Department erred in law in concluding the legislation gave it authority to keep back payment when all criminal charges against him had been dismissed.

However, his High Court challenge was lost in May 2011.

Ruling on the application for judicial review, Mr Justice Treacy said the court was required to "engage in an interpretative examination of the powers afforded to the Department." The judge held that Mr Crawford's acquittal did not act as a bar, and that the Department had an obligation to reach its own decision.

Mr Justice Treacy pointed out that different standards of proof operated in criminal and civil proceedings. He said that a criminal acquittal can occur for a variety of reasons, adding that this "cannot absolve the Department of its duty to exercise its own judgement."

The judge stated: "I conclude that none of the grounds of challenge are made out. The application for judicial review is dismissed."

1 Information from http://www.u.tv/News/Farmer-loses-compensation-challenge/a53c44eb-f5aa-43a7-8370-c0f96451a4da