A south-west Victorian farmer has been fined more than $50,000 for “extraordinary negligence” that led to the death of 15 per cent of his herd of cattle.
Key points:
Neil Lindsay Mcintosh pleaded guilty to 10 charges of animal cruelty
He was convicted and fined $52,000
88 cattle died or had to be euthanased on his property in 2021
Fifth generation farmer Neil Lindsay Mcintosh had 580 head of angus cattle grazing on his 220 hectare property in Tahara West, west of Hamilton, in July 2021, when officers responded to reports of animal welfare concerns.
Agriculture Victoria officers visited the property six times over the next month, each time finding more dead and sick cattle as they made their way through the farm’s 15 paddocks.
A total of 65 dead animals and a further 23 that required euthanasia due to emaciation were found, equating to 15 per cent of the herd.
Mcintosh sat with his head down at the Hamilton Magistrates Court on Wednesday where he pleaded guilty to 10 charges of animal cruelty.
‘Extraordinary negligence’
The prosecutor told the court dead cattle were found under a tree, in paddocks and in the creek that ran through Mcintosh’s property, with cattle by the creek too weak to get themselves out of the mud after going there to drink.
The euthanased cattle were described as extremely thin and in poor body condition due to malnutrition and starvation.
The court heard they were unable to get themselves up off the ground for many days and had been left without treatment.
It heard officers found there was insufficient grass for grazing and the only evidence of supplementary hay was insufficient to sustain the cattle on the property.
They formed the opinion the herd of 580 cattle had been suffering malnutrition, starvation and from untreated parasites.
Mcintosh admitted to officers that the feed levels on the property were on the minimum end and he was checking on the stock every day, but often in low light as he was working another job as a farm safety educator.
“I’ve completely misjudged the seasons and their body conditions,” he told officers during an inspection.
“I am usually very careful.”
Clouded judgement
Defence barrister Alan Marshal said a “perfect storm” of emotional and financial pressures had clouded Mcintosh’s judgement and his ability to respond appropriately to the situation unfolding on his farm.
He said Mcintosh had gone through a marriage break up, was working a second job to manage the financial consequences and dealing with the possibility of selling part of the farm.
“He really has had the ultimate wake up call,” Mr Marshall said.
Magistrate Gerard Lethbridge said general deterrence was a significant factor in sentencing in the case and referred to a line in a character reference from another farmer who criticised the agriculture department’s role.
The court heard the farmer wrote: “I bet it is easy for you with your well paid government job to be a puritan … unless you have personally been in that situation I am calling bullshit on you and your credibility”.
“That is a remarkable comment to make for someone who claims to be a responsible farmer,” Mr Lethbridge said.
“Parliament and the community has every right to and an obligation to set minimum standards and ensure people who earn a living through having livestock do so in a level that is acceptable to the community.”
Mr Lethbridge questioned whether the comment reflected a “cultural problem” among some farmers who viewed their farm as their “empire”.
Mcintosh was convicted and fined $52,000.
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