Farmer avoids jail sentence

Xcellor · 10-03-2020 11:57am #1

The logic of the judge handing down the sentence is strange.

https://www.independent.ie/business/farming/news/courts/farmer-who-dumped-carcasses-from-300-ft-high-cliffs-and-left-other-animals-to-die-walks-free-39028250.html

"A farmer who dumped 12 carcasses from a 300 ft high ‘spectacular’ west Clare cliff-top and left other animals in his control to die in excruciating pain has walked free from court."

At Ennis Circuit Court today, Judge Gerald Keys stated that he could see no benefit in jailing Martin Gerald Foley (66) of Lislanihan, Kilkee as he is no longer a threat to animals and is no threat to society."

Hows about setting an example that this sort of treatment is disgraceful and shouldn't be tolerated.

davidjtaylor · 10-03-2020 8:16pm

Xcellor wrote: »

Hows about setting an example that this sort of treatment is disgraceful and shouldn't be tolerated.

We have a long uphill struggle in County Clare. The decision is unwelcome but unsurprising.

Tar.Aldarion · 11-03-2020 10:31pm

Imagine a judge saying that somebody that killed their kids was no longer a threat to his kids, so he was good to go.

Pawwed Rig · 11-03-2020 10:36pm

Tar.Aldarion wrote: »

Imagine a judge saying that somebody that killed their kids was no longer a threat to his kids, so he was good to go.

But he didn't kill kids. He killed animals.
Scummy thing to do on the farmers part but to equate killing animals and kids is crazy.

Tar.Aldarion · 11-03-2020 10:40pm

Pawwed Rig wrote: »

But he didn't kill kids. He killed animals.
Scummy thing to do on the farmers part but to equate killing animals and kids is crazy.

I suggest you google Strawman Argument, since that is not what I said at all.

Iodine1 · 11-03-2020 10:50pm

As usual it's easy to criticise and to be judge and jury when you are looking on and maybe not have the full facts.
No farmer treats his animals that badly intentionally as he is simply loosing money. Dead animals are a complete loss.
So there's more to this case. Was the farmer unable to deal with the situation as it developed over time due to illness, addiction, mental illness, or something else I can't think of? But the judge knows and in his opinion he should not be jailed. Respect his judgement. If the state prosecutor agrees that the judgement is too lenient, the option is there to appeal the sentence and have another court examine it.
Maybe the man has suffered enough?

Xcellor · 12-03-2020 9:47am

Iodine1 wrote: »

As usual it's easy to criticise and to be judge and jury when you are looking on and maybe not have the full facts.
No farmer treats his animals that badly intentionally as he is simply loosing money. Dead animals are a complete loss.
So there's more to this case. Was the farmer unable to deal with the situation as it developed over time due to illness, addiction, mental illness, or something else I can't think of? But the judge knows and in his opinion he should not be jailed. Respect his judgement. If the state prosecutor agrees that the judgement is too lenient, the option is there to appeal the sentence and have another court examine it.
Maybe the man has suffered enough?

"...as he is no longer a threat to animals and is no threat to society."

This was the reason stated when sentencing. I don't agree that because the animals are dead / already harmed it's a reason for a lenient sentence. This reasoning applied to any other criminal matter wouldn't be acceptable either. But because they are animals it's fine.

Pawwed Rig · 12-03-2020 10:19am

Depends on your perceptions really. Is jail for punishment or rehabilitation or both.
Equally are animals simply property or have they a right to life in their own right.
The judge seems to have been of the opinion that punishment is not required and that rehabilitation has already occurred.

Personally I would prefer to see an element of both in sentencing.

Wheety · 12-03-2020 10:26am

Tar.Aldarion wrote: »

I suggest you google Strawman Argument, since that is not what I said at all.

What?

Tar.Aldarion wrote: »

Imagine a judge saying that somebody that killed their kids was no longer a threat to his kids, so he was good to go.

That's exactly what you said.

Xcellor · 12-03-2020 10:36am

Pawwed Rig wrote: »

Depends on your perceptions really. Is jail for punishment or rehabilitation or both.
Equally are animals simply property or have they a right to life in their own right.
The judge seems to have been of the opinion that punishment is not required and that rehabilitation has already occurred.

Personally I would prefer to see an element of both in sentencing.

My main issue is with the language used by the judge. Crime already committed and victims already suffered and dead so let's move on.

A jail sentence may not have been the best option here I get that but a serious crime has still been committed.

Pawwed Rig · 12-03-2020 2:23pm

Xcellor wrote: »

My main issue is with the language used by the judge. Crime already committed and victims already suffered and dead so let's move on.

I agree with you on that. The judge saw the animals as property rather than a living being and ruled as such ie no victims

davidjtaylor · 12-03-2020 2:40pm

It would be interesting had a parallel case involved dogs.

part of his order is a life-time prohibition order on Mr Foley having any animals in his care.

Now that's what I'd like to see imposed on those sulky racing scrotes - including the lads following in cars and vans.

Lady Haywire · 12-03-2020 6:45pm

Tar.Aldarion wrote: »

Imagine a judge saying that somebody that killed their kids was no longer a threat to his kids, so he was good to go.

Nobody is saying this 'farmer' was right.
Why even bring the similarity of kids into it?

Xcellor · 13-03-2020 10:17am

Lady Haywire wrote: »

Nobody is saying this 'farmer' was right.
Why even bring the similarity of kids into it?

It was just an example of a crime that had a victim to show that this type of ruling isn't consistent.

It could have been assault, rape... any crime that has a victim.

Sentencing should consider the victim butthe animals in this case were not seen as victims and because they were dead / removed from the abuse it was "OK".

Worztron · 19-10-2022 2:37pm

https://www.boards.ie/discussion/2058060537/farmer-avoids-jail-sentence

Many a time, judges don't seem to use any logic.

GoogleBot · 18-11-2022 11:17pm

https://www.boards.ie/discussion/comment/119765598#Comment_119765598

Judge has made the correct decision otherwise they will have to sue meet factories as well.

Worztron · 21-11-2022 3:21pm

https://www.boards.ie/discussion/comment/119892062#Comment_119892062

Well you must be as bad as the judge and the animal abuser. Never heard of "meet factories".

GoogleBot · 21-11-2022 3:26pm

https://www.boards.ie/discussion/comment/119901991#Comment_119901991

Go to supervalu butcher corner and complain all day long... : )

ohnonotgmail · 21-11-2022 3:28pm

https://www.boards.ie/discussion/comment/119892062#Comment_119892062

do abattoirs leave animals to die in pain?

GoogleBot · 21-11-2022 3:34pm

https://www.boards.ie/discussion/comment/119902043#Comment_119902043

They do Google it. Judge had no choice.

ohnonotgmail · 21-11-2022 3:38pm

https://www.boards.ie/discussion/comment/119902093#Comment_119902093

googlebot telling me to google something. why dont you google it and post the link. i've no interest in spending time to find info that supports whatever argument you are trying to make.

GoogleBot · 21-11-2022 3:41pm

https://www.boards.ie/discussion/comment/119902133#Comment_119902133

Specially for you

https://www.google.com/search?q=abattoirs%20left%20animal%20in%20pain&ie=utf-8&oe=utf-8&client=firefox-b-m

Farmer avoids jail sentence

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