A 71-year-old farmer has pleaded guilty to animal cruelty charges after several cows were found dead or malnourished on his property.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The Ballarat Magistrates' Court was told inspectors visited Peter Toohey's Springbank farm in November 2018 after a veterinarian found dead and downed cattle - two bulls were in a yard without access to food and water, and three other cows were deceased.
An autopsy carried out on one cow revealed it had symptoms consistent with starvation, dehydration, and worming issues.
A week later, upon a second inspection, the two bulls were found still in the small yard - they were moved the following day.
Toohey, a former accountant, was previously convicted and handed a suspended jail term in 2016 for similar charges.
His defence lawyer noted he had experienced a "downward spiral" as his cognitive capacity declined, due to a diabetes diagnosis.
His wife had taken over the day-to-day running of the farm as his condition worsened.
"He's not the same man he was when he was an accountant," his lawyer said.
"The offences were omissions, not positive acts - food and water was within a two metre area of the cows, but they couldn't get to it, it needed to be provided to them.
"It's consistent with his increasing limitations."
A Department of Jobs, Precincts And Regions prosecutor pushed for a permanent disqualification on owning or being in charge of farm animals, noting Toohey had breached an earlier two-year order from 2016 by not making regular reports to the authorities.
"He's clearly not an appropriate person to own or be in control of cattle anymore," he told the court.
"This gentleman has displayed he's incapable of looking after them."
Magistrate Ron Saines agreed to impose a lifetime ban, but declined to send Toohey to prison on account of his relatively early plea, old age, and health conditions.
"I'm satisfied this is a serious example of this offending," he said.
"It involves the grave suffering and death of animals, it is an offence for which the legislation provides terms of imprisonment.
IN THE NEWS
"Not only should this man be aware, but the whole of our community must have a clear understanding that innocent creatures, animals, must be protected by our justice system."
Toohey was fined $25,000 and will be banned from owning or being in charge of farm animals - that is, cattle, pigs, sheep, poultry, goats, and deer - for life.
He was also ordered to divest himself of any financial interests within 30 days, with authorised inspectors to monitor compliance.
Have you signed up to The Courier's variety of news emails? You can register below and make sure you are up to date with everything that's happening in Ballarat.