Padraig O’Brien, of Magherigh, Mountshannon, Co Clare, received a three-year suspended sentence and a €3,000 fine from Judge Gerald Keys after previously pleading guilty to 15 counts of theft of cattle from his neighbour, John Forde.

Judge Keys said that the offences were committed while the defendant was under "significant mental distress". He handed down three three-year sentences to be run concurrently and a fine.

In light of a number of factors, including the fact that O’Brien had no previous record, Judge Keys suspended O’Brien’s sentences and fined him €3,000.

The defendant was also entered into a bond to keep the peace for three years and was told by the presiding judge that any breach of his bond would render him liable for the reactivation of his sentence.

Background

In February 2017, O’Brien pleaded guilty to the 15 counts of theft, which were valued at an estimated €17,000 from his neighbour John Forde, of Sellernane, Mountshannon, Co Clare.

In May 2013, five of Forde’s 18-month-old heifers were stolen from his land at Kilrateera, Mountshannon and in December of that year, four cows valued at €4,000 were also stolen.

In January 2015, five of his in-calf heifers were taken which were valued at an estimated €5,000.

Detective Bernard Casey was the garda in charge of the investigation, which took place over the course of 10 months. The Department of Agriculture assisted with the case.

Hoof prints

While no evidence was found against O’Brien for the two thefts in 2013, as part of his investigation of the third theft garda Casey found hoof prints on a ditch along the stretch of roadway where the theft took place. The hoof prints were noticeable as there had been a hard frost the night before.

He found that these hoof prints continued for 2km and came to a stop at the roadway outside O’Brien’s farmyard.

Following a search of O’Brien’s premises, with permission, the missing cattle were found in a hidden shed on the farm.

DNA evidence

When DNA sampling of the progeny and dams of the stolen animals was crosschecked against the DNA samples of animals sold by O'Brien, all cows from the second theft were located, with one still in O’Brien’s herd, garda Casey previously told the court.

Furthermore, a high number of replacement ear tags (40) found on O’Brien’s premises also contributed to the evidence against him.

When confronted with the evidence, O’Brien admitted to stealing the cattle and after pleading guilty to the theft in February, arranged that Forde be fully compensated for losses he experienced as a result.

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