$50,000 fine for ‘immense’ cruelty at Walkerville

LATROBE Valley Magistrate Tony Burns has described the cruel treatment of dozens, possibly hundreds of livestock, particularly sheep and lambs affected by advanced flystrike and worm infestation, at a farming property at Walkerville in South Gippsland as “immense”.

In finding the operator of the farm, ‘Marapana’ at 2075 Walkerville Road, former South Gippsland Shire Coucillor Jeremy Rich, guilty of 16 of the 22 charges levelled against him on Wednesday, June 22, he fined Mr Rich $50,000 and awarded $4065 in witness costs against him.

The court also accepted the submission of the prosecuting authority, the Department of Jobs, Precincts and Regions, that Mr Rich be banned from being in charge of the care or management of farm animals for a period of 10 years, and if necessary, the ban to be monitored by officers of the department.

During a two-day hearing on Tuesday and Wednesday, June 21 and 22, the court heard testimony from authorised DJPR officers, including Leading Animal Health Officer (Animal Welfare) at Agriculture Victoria Leongatha Craig Swain and District Veterinary Officer Dr Will Hume both of whom visited the Rich farm on a number of occasions between March 2 and April 15, 2020 to investigate a problem that Mr Rich himself had notified the department about.

They identified and numbered 44 individual farm animals, mostly sheep and lambs that had died from gastrointestinal infestation by parasites and/or advanced flystrike during that period, and noticed dozens more sheep whose health, welfare and movement were impacted by internal parasites and flystrike.

Some of them were down and in such poor condition that they had to be humanely euthanized by Dr Hume.

In his statement for the court, Dr Hume described how some of the sheep and lambs had left “paddle marks” while clawing the ground as they struggled in weakness and pain to get up, “wet with diarrhoea”, leaving bare patches underneath them before they ultimately died.

He said the flystrike and maggots, eating into the skin of the live sheep and lambs, would have caused incredible pain and suffering.

Dozens of photos and several videos of the dead or sick sheep were tendered to the court, with Magistrate Burns issuing a warning to the court about the graphic nature of some of the photos.

It was also reported to the court that on March 5, 2020, after arriving at the Rich property for their inspection at 9.30am, that the officers saw a “dead pit” with “at least 50 carcasses of sheep in various stages of decomposition”, either showing the impact of flystrike or after being scavenged by other animals.

Dr Hume said he also saw a pile of carcasses on a sand mound during a visit on April 15, 2020, where a high-level of scavenging had occurred, tendering a photo of the burial site which Magistrate Burns described as “an extremely troubling photo”.

In handing down his decision on Wednesday, June 22, Magistrate Burns said that Mr Rich was clearly the person in charge of the farm at the time of the offences, finding him guilty of 16 of the 22 charges, including cruelty to animals, aggravated cruelty and failing to fully comply with notices to treat the affected animals.

He did however dismiss six of the charges, allegedly relating to offences committed between March 2 and March 10, 2020, allowing “the benefit of the doubt to Mr Rich” because “I can’t be satisfied that he failed to prevent or unreasonably failed to treat the sheep within this timeframe”.

“With regard to the balance however, I'm satisfied that Mr Rich was the person in charge of the property and therefore the animals. His failures to prevent flystrike, or treat it after March 10, 2022, were absolute.

“Given that eight-day grace period, from the first attendance by the department, he was required to act expeditiously. He did not.

“His failures or omissions led to the death or disablement of as many as 44 sheep whose carcasses were located in the dead pit”, noting that as many as 33 were located by officers with maggot infestations or fly strike on just one of the days, April 15 2022.

“Accordingly, I'm satisfied that the extent of the penalty provisions of Section 10, being an aggravated cruelty charge, apply in this case.”

He found charges 7 through to 19, relating to cruelty and aggravated cruelty, to be proven beyond a reasonable doubt and also that Mr Rich failed to comply with notices in a timely or complete manner (charges 20, 21 and 22.).

He later handed down his penalty.

The animals were ultimately treated or otherwise dealt with by the department’s last visit, on April 24, when there was no evidence of flystrike and a new farm manager had been appointed.

At the time of the offences, in early 2020, Marapana was a large mixed farm of more than 400 hectares, with 2300 ewes and rams, 200 grazing cattle, a hay-making enterprise, garlic farm and commercial vineyard.

Parts of the property have since been sold.

Warned over ‘contempt’

The start to the hearing, on Tuesday, June 21, was initially delayed by Mr Rich’s failure to attend on time at 9.30am as arranged at a pre-trial hearing a week earlier, and ultimately started without him ‘ex parte’, that is without the accused in attendance.

The court was later told that Mr Rich would be attending, that he was “running half an hour late”.

Mr Rich finally arrived at 12.11pm on Tuesday while the statement by Dr Hume was being read into evidence by the Department Prosecutor Liam McAlliffe.

“Take your hat off, you are in court,” Mr Burns told Mr Rich has he bustled into court and was invited to sit at the bar table.

“You can take off your mask. Where have you been?” asked the Magistrate.

“I have been looking after my elderly parents and had to come here to respond to these vexatious charges,” Mr Rich said.

“Don’t grandstand. Do you want to question the witnesses?”

“Oh yes,” Mr Rich replied.

Mr McAuliffe continued reading Dr Hume’s statement with Mr Rich objecting or interjecting at various intervals, despite being cautioned by Magistrate Burns that it wasn’t a debate.

“Just be quiet. You were called twice, and you weren’t here,” he told Mr Rich.

Mr Rich continued to arrange the contents of his backpack and another bag on the bar table, at one stage putting a type of crocheted hat on his head.

“What are you doing?” Magistrate Burns asked.

“I’m exercising my religious freedom by putting on my yarmulke,” said Mr Rich.

“You didn’t have it on when you came in,” said Mr Burns.

“My mother is Jewish and my father Christian, I’m half-and-half so I wear it half of the time,” Mr Rich explained.

The testimony about the poor state of fences and stock continued until Mr Rich’s phone went off.

“Turn your phone off,” said Mr Burns.

“They called me I didn’t call them,” Mr Rich said.

He continued to inject, arguing various points in the testimony.

The Magistrate said Mr Rich would get his chance to cross-examine the witnesses, telling him to take notes and be quiet.

He was again cautioned not to interject.

In Dr Hume’s statement, he alleged that Mr Rich became angry and verbally abusive when he visited the property on March 25, with another officer from the department, animal health officer Rhianna Merbach, and that a friend of Mr Rich’s asked to see inside the back of the department vehicle, raising allegations that infected stock were being brought on to the Rich farm from elsewhere.

Unable to calm the situation, the pair decided to withdraw.

The reading of the statement was temporarily discontinued while Court Room 2 received a scheduled video link from prison, with Magistrate Burns handing down a sentence to an inmate over a number of aggravated burglaries committed in the Gippsland area, unrelated to the DJPR prosecution.

While the sentence details were being explained by Mr Burns, the prosecuting police officer noticed Mr Rich holding up his phone and appearing to photograph or record the proceedings.

“He is taking a selfie photo,” said the officer, as Mr Rich pointed his camera in the direction of the Magistrate and the prison inmate on videolink.

“You can’t record the proceedings,” he was warned by Magistrate Burns.

“Why not, you’re recording me,” said Mr Rich.

“I’m in charge,” said Mr Burns.

“I’m in life, mate,” said Mr Rich.

“Don’t call me mate… I’m going to give you this one warning or I’ll charge you with contempt of court. One warning. Have a bit of respect,” he said.

Mr Rich packed up his things and made various claims about injustice and the unfair nature of the proceedings as he left the court which adjourned some minutes later for lunch, at 1pm on Day One.

It didn’t finish there.

Resuming at 2pm, after lunch, Magistrate Burns arranged for the former farm managers, Craig Pentacost and his partner Lynda Dean to provide their evidence, to allow Mr Rich the opportunity to cross examine them, and for Dr Hume’s testimony to continue on Wednesday, again to provide Mr Rich with a chance to cross-examine the witness.

However, after interjecting again at various stages, Mr Rich packed up his books and papers and left at 2.55pm.

“You’re not allowing me to object. This is not a court of law I can respect… put me in jail, see if I care,” he told the Magistrate in a verbal exchange.

He said he would be paying lawyers to have the case adjourned and would be suing the court for damages, as he left the court.

The case was due to continue from 10am on Wednesday, but after a brief delay, providing additional time for Mr Rich to arrive, the prosecution concluded its case and provided its closing remarks.

Mr Rich arrived at 11.20am just as Magistrate Burns was preparing to provide his decision.

He said Mr Rich had missed his opportunity to question the witnesses, to tender his own evidence or to make a submission to the court on his own behalf.

“I’m now going to rule on the matter,” Mr Burns said.

“What is the process for an appeal?” Mr Rich asked.

Prior to handing down his penalty, Mr Burns asked if Mr Rich had anything to say about his circumstances, to which he replied that he was on Workcover after being injured trying to look after the sheep.

After the penalty was handed down, he had more to say.

“I was not the person in control. There is no logic in your actions, or the department or the police. What this leads to is the complete breakdown of society.”

He later threatened to appeal the decision.

“Where do I make a judicial complaint?” he asked.

“The Judicial Commission of Victoria. You are free to go Mr Rich,” said Magistrate Burns as he moved on to the next case on his daily court list.