Cornwall: Cornish farming brothers fined £6,000 for TB fraud & breaching animal identification regs

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Staff Member
Cornish farming brothers fined £6,000 for TB fraud and breaching animal identification regulations

Two farming brothers from Gweek have been fined £6, 000 and ordered to pay costs of £7,000 for offences relating to TB fraud and breaching cattle identification regulations designed to prevent the spread of disease.

The hearing at Truro Crown Court marks the end of a lengthy investigation by Cornwall Council’s Public Health and Protection Animal Health team supported by the local Animal Health and Veterinary Laboratories Agency into an allegation that Thomas James and Paul Anthony Collins, of Trenoweth Farm, Gweek had submitted a cow for compensatory slaughter under the TB reactor removal programme which had its DNA tag cut out.

All cattle born in the UK after January 1998 are required to have ear tags applied to them in both ears, which are printed with a unique identification number to help control the spread of disease such as TB and BSE. Under new rules introduced by DEFRA following cases of cattle identity fraud relating to TB reactors, a vet who identifies an animal infected by TB inserts a DNA tag into the ear. This tag removes a small piece of flesh which can then be used as a reference sample at a later date if fraud is suspected.

After an investigation found that an unusual number of animals at the farm had replacement tags ordered for them over the previous 18 months, DNA tests showed that the DNA of some cattle did not match that of their mother’s as stated on their cattle passports. A further 24 cattle were found with no ear tags and, therefore, no way of establishing their identity. Sheep carcases were also found on the farm which had not been correctly disposed of, presenting a disease risk to the live animals on the farm.

Although the brothers initially pleaded not guilty to the charges, they changed their pleas part way during the trial.
6246143-large.jpg

Thomas James Collins pleaded guilty to the re-use of an ear-tag number on a cow to which it was not originally assigned, failure to ear-tag 24 calves and failure to dispose of 2 sheep carcasses

Paul Anthony Collins pleaded guilty to fraudulently obtaining TB compensation from AHVLA/DEFRA, to the re-use of an ear-tag number on a cow to which it was not originally assigned, and for the failure to ear-tag 24 calves.

Paul Anthony Collins was fined £3000 for the fraud, and £500 for each regulatory offence, and Thomas Collins was fined £750 for each ear tag offence and £500 for the carcasses. Paul Collins was ordered to pay £4000 in costs and his brother £3000 in costs. The brothers were given 12 months to pay these costs and fines in full.

Sentencing the brothers Judge Christopher Harvey Clark QC singled out Paul Collins for his "breach of trust" and his deliberate plan to retag the injured cow as a reactor and criticised his "terrible mistake" defence. He also challenged Thomas Collins over his "old fashioned views, anger, contempt and distain for vets and inspectors" and said the officers were not picking on him but trying to enforce rules that exist for public confidence in agriculture.

Welcoming the sentencing Geoff Brown, the Council’s Cabinet Member for Homes and Communities, said “The Council’s Public Health & Protection Team are here to do just that – protect public health – this includes not only the food chain but also the public purse.

“It is vitally important to maintain public confidence in the farming industry in Cornwall and we will work hard to achieve and improve this. That means we will always take appropriate and targeted action where obvious breaches of the law are occurring. It is expensive to bring cases to the Crown Court but the costs of not dealing with TB are far greater nationally, locally and personally to many Cornish farmers. We must do all we can to halt the spread of this devastating disease and illegal retention of reactor cattle on farm will not be tolerated.”

http://www.cornwall.gov.uk/council-...-breaching-animal-identification-regulations/
 

caveman

Member
Location
East Sussex.
How sick that last paragraph is.
It would explain why Thomas Collins (and I suspect a very high percentage of livestock farmers) holds the views that he does.
Perhaps Judge Christopher Harvey Clark QC needs to get his head out of his ar5e and see where the man is coming from.
Not that I condone the doings of the couple of rogues for one minute.
 

Hotrod

New Member
Location
Cornwall
I am writing this in reply to some of the comments we have received on here with regards to our
conviction at Truro Crown Court, the only one I have any time for is Caveman, I think that person
understands, apart from his comment about us being rogues, for which we are not.
My brother and me were not given a chance to have our say, yet alone to defend ourselves,
by a very bias judge who didn't even know what a freeze brand was on a animal, yet alone any-
thing else, we have lost a total of 270 head of cattle on this farm over the last 6 years, which
has included a pedigree herd of Holstein and limousine cattle, and I tell you it has broken our
hearts, along with almost ruining our business,
We were not found guilty of any switching of tb reactor tags, but found guilty of some crazy e.u.
policy of strict liability offences, which includes not tagging a calf within 36 hours of birth having
a sheep carcass in a field, which they couldn't prove that the carcass was even ours, our neighbours
have sheep on a winters grazing agreement, I'm afraid these liability offences are crazy.
So guess what this judge did, he lumped them all together and was going to instruct the jury
to find us guilty on all accounts, which I just cant believe, we thought that going to a crown
court at least we would be given the chance to defend and have our say, not to be hung out
to dry, bye some judge that set himself up as, judge, jury, and executioner.
You have not heard the last of this I can assure you, there are other issues relating to this case
which was brought bye Cornwall Council and Trading Standards due to previous Environmental and
Council issues,
But guilty we were not, to be treated in this way in a English court of law enforcing e.u.
policy, on hard working honest farmers, I'm afraid words fail me,
it's time English farmers wake up to the fact that Europe dos'nt want our cattle industry the
sooner they do the better.
One last comment this government has advisors in DEFRA advising them on t.b. policy and
I can tell you, that they don't know what the hell they are talking about, I'm afraid that we
are seeing the demise of our livestock industry, just like we have lost everything else, we
are about to see this one time fantastic world beating industry go to the wall.
 

Hotrod

New Member
Location
Cornwall
You can't expect anyone to take the industry seriously when idiots do things like this. It undermines any claim that the only tool left is badger culling. Not sure why they look so proud of themselves in the photo.
Another MISERABLE HUMAN BEING, for your information pall that photo was taken some 4 years ago
outside Truro Crown Court, on a previous encounter with the Environment Agency which we
won, that's why we are looking so jubilant, we beat they b.....ds that day just like we would have beaten these on this occasion, if given the chance, of which we were not, so stuff you pall, and
same goes for any other bigoted farmers who cant really see what the hell is going on in our industry, our biggest badger is Europe,
 

mo!

Member
Mixed Farmer
Location
York
YOU MISERABLE SOD, read my reply before you make any comments, you know who a farmers
worst enemy is, don't you, that's another farmer, someone like you.
Perhaps you should read *my* comments again. I read that article, in which it describes offences that the court has found you guilty. As they are strict liability offences there is no defence, but you will have been given an opportunity to give mitigating circumstances. This is probably why you have a lenient sentence. I agree that farmers are often the industry's worst enemy, especially the ones which are not doing their bit to prevent the spread of disease.

As for being miserable, that's just what we're like in God Own County.
 

Hotrod

New Member
Location
Cornwall
Cornish farming brothers fined £6,000 for TB fraud and breaching animal identification regulations

Two farming brothers from Gweek have been fined £6, 000 and ordered to pay costs of £7,000 for offences relating to TB fraud and breaching cattle identification regulations designed to prevent the spread of disease.

The hearing at Truro Crown Court marks the end of a lengthy investigation by Cornwall Council’s Public Health and Protection Animal Health team supported by the local Animal Health and Veterinary Laboratories Agency into an allegation that Thomas James and Paul Anthony Collins, of Trenoweth Farm, Gweek had submitted a cow for compensatory slaughter under the TB reactor removal programme which had its DNA tag cut out.

All cattle born in the UK after January 1998 are required to have ear tags applied to them in both ears, which are printed with a unique identification number to help control the spread of disease such as TB and BSE. Under new rules introduced by DEFRA following cases of cattle identity fraud relating to TB reactors, a vet who identifies an animal infected by TB inserts a DNA tag into the ear. This tag removes a small piece of flesh which can then be used as a reference sample at a later date if fraud is suspected.

After an investigation found that an unusual number of animals at the farm had replacement tags ordered for them over the previous 18 months, DNA tests showed that the DNA of some cattle did not match that of their mother’s as stated on their cattle passports. A further 24 cattle were found with no ear tags and, therefore, no way of establishing their identity. Sheep carcases were also found on the farm which had not been correctly disposed of, presenting a disease risk to the live animals on the farm.

Although the brothers initially pleaded not guilty to the charges, they changed their pleas part way during the trial.
View attachment 54914
Thomas James Collins pleaded guilty to the re-use of an ear-tag number on a cow to which it was not originally assigned, failure to ear-tag 24 calves and failure to dispose of 2 sheep carcasses

Paul Anthony Collins pleaded guilty to fraudulently obtaining TB compensation from AHVLA/DEFRA, to the re-use of an ear-tag number on a cow to which it was not originally assigned, and for the failure to ear-tag 24 calves.

Paul Anthony Collins was fined £3000 for the fraud, and £500 for each regulatory offence, and Thomas Collins was fined £750 for each ear tag offence and £500 for the carcasses. Paul Collins was ordered to pay £4000 in costs and his brother £3000 in costs. The brothers were given 12 months to pay these costs and fines in full.

Sentencing the brothers Judge Christopher Harvey Clark QC singled out Paul Collins for his "breach of trust" and his deliberate plan to retag the injured cow as a reactor and criticised his "terrible mistake" defence. He also challenged Thomas Collins over his "old fashioned views, anger, contempt and distain for vets and inspectors" and said the officers were not picking on him but trying to enforce rules that exist for public confidence in agriculture.

Welcoming the sentencing Geoff Brown, the Council’s Cabinet Member for Homes and Communities, said “The Council’s Public Health & Protection Team are here to do just that – protect public health – this includes not only the food chain but also the public purse.

“It is vitally important to maintain public confidence in the farming industry in Cornwall and we will work hard to achieve and improve this. That means we will always take appropriate and targeted action where obvious breaches of the law are occurring. It is expensive to bring cases to the Crown Court but the costs of not dealing with TB are far greater nationally, locally and personally to many Cornish farmers. We must do all we can to halt the spread of this devastating disease and illegal retention of reactor cattle on farm will not be tolerated.”

http://www.cornwall.gov.uk/council-...-breaching-animal-identification-regulations/
In reply to this headline story, me being Thomas James Collins as one of the defendants
in this trial, you are allowed to keep t.b. reactors cows on farm if they are heavy in calf and
close to calving, there is no law against that, This cow had cut her reactor tag out on a damaged
round feeder, It beggars belief to think that we would send off a reactor tag knowing only
to well that it would not match the d.n.a. of the said animal, only a complete idiot would do
that, I don't consider myself one of those, what a pity we even found this receded tag,
that's what you get for being too honest,
The prosecution's chief no 1 witness, the prosecuting officer could not prove
that it was no other than a genuine mistake, on which he falsified evidence did not carry out
correct procedure when visiting our farm to carry out farm inspections, just to get a conviction
on us, which should have been inadmissible in evidence, for which the judge allowed, plus
various other misdemeanours, it's nothing more than malicious persecution, due to previous matters
This man I hold in deep content, along with a certain female member of AHVLA whos work
mates cant stand the sight of, I thought we were going to have a fair trial, but we got nothing
but, I'm afraid my trust in the British justice system is at a all time low, to having to admit
that you are guilty of something that you are not guilty of on a said deal, to keep ones self
and my younger Brother from not going to jail, fills me with the contempt it deserves.
 

Hotrod

New Member
Location
Cornwall
Perhaps you should read *my* comments again. I read that article, in which it describes offences that the court has found you guilty. As they are strict liability offences there is no defence, but you will have been given an opportunity to give mitigating circumstances. This is probably why you have a lenient sentence. I agree that farmers are often the industry's worst enemy, especially the ones which are not doing their bit to prevent the spread of disease.

As for being miserable, that's just what we're like in God Own County.
Your talking out of your ass, have you seen your cattle hanging up in some slaughterhouse which
the AHVLA have turned down with positive t.b. reactions, according to they, just to witness at first
hand, no signs of any infection at all, HAVE YOU ?, IF YOU HAVNT THEN SHUT YOUR B MOUTH
its people like you that our industry can well do without.
 

grumpy

Member
Location
Fife
what the feck is tff news?and why was this story on here is this place becoming the gutter press?where folks names are hauled through the mud just to increase circulation and members,seriously im starting to have doubts about this place and the ambitions to be the biggest farming forum regardless of who gets tramped on to achieve that goal.
 

lim x

Member
Livestock Farmer
Location
Nottinghamshire
what the feck is tff news?and why was this story on here is this place becoming the gutter press?where folks names are hauled through the mud just to increase circulation and members,seriously im starting to have doubts about this place and the ambitions to be the biggest farming forum regardless of who gets tramped on to achieve that goal.

But at least we get to hear the other side of the story.

Welcome to the forum @Hotrod, and i hope you keep us informed of the outcome.
 

Hotrod

New Member
Location
Cornwall
But at least we get to hear the other side of the story.

Welcome to the forum @Hotrod, and i hope you keep us informed of the outcome.
Thank you Lim x I wonder how many farmers that have had cattle turned down with t.b. have ever
gone to the slaughterhouse and witnessed the results of the AHVLA post mortems,
not very many I expect, do not accept what they tell you, there are too many people making too
much money, and having a b good living out of our heartbreak,
Yes I will keep you informed of any further developments, just watch this space.
 

mo!

Member
Mixed Farmer
Location
York
Your talking out of your ass, have you seen your cattle hanging up in some slaughterhouse which
the AHVLA have turned down with positive t.b. reactions, according to they, just to witness at first
hand, no signs of any infection at all, HAVE YOU ?, IF YOU HAVNT THEN SHUT YOUR B MOUTH
its people like you that our industry can well do without.
Why don't you respond to what has been put before you rather than shouting your mouth off? Were the calves tagged or is that a conspiracy?
 
Location
Devon
what the feck is tff news?and why was this story on here is this place becoming the gutter press?where folks names are hauled through the mud just to increase circulation and members,seriously im starting to have doubts about this place and the ambitions to be the biggest farming forum regardless of who gets tramped on to achieve that goal.

Surely what has been quoted in other posts is in the public domain already so hence why the thread has been allowed?? quite clearly there is always two sides to the story and its good that someone from this family has joined TFF and tell us what their side of the story is...

What the family member has to realize that there is a massive gulf ( which has become very clear on other threads on TFF about the TB issues ) in views between farmers that farm in a TB hotspot area and ones who do not... farmers that haven't had TB have no idea of the strain/ heartache/ pressure on farms/ farmers on farms that continually go down with TB/ under TB most of the time go thru...
 

grumpy

Member
Location
Fife
Surely what has been quoted in other posts is in the public domain already so hence why the thread has been allowed?? quite clearly there is always two sides to the story and its good that someone from this family has joined TFF and tell us what their side of the story is...

What the family member has to realize that there is a massive gulf ( which has become very clear on other threads on TFF about the TB issues ) in views between farmers that farm in a TB hotspot area and ones who do not... farmers that haven't had TB have no idea of the strain/ heartache/ pressure on farms/ farmers on farms that continually go down with TB/ under TB most of the time go thru...
aye next step it will be stoning the undesirables and there should be no need for folks to join here to defend them selves in the judge,jury and execution of forum land.just shows the basest nature of humanity.i dont read the gutter press for that very reason.
 

grumpy

Member
Location
Fife
Give the guy a break will you.

For the record, I think that 36 hours to tag a calf is ridiculous. It needs to be more like a month 'cos if it dies you can save a lot of unnecessary paperwork.
indeed and in some cases you are taking your life in your own hands with a protective mum.far better to grasp the moment when she is distracted,but as ever rules are made up by idiots in offices with no grasp of reality.you want to tag that calf well you come on down and do it.
 

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