Waiau farmer charged over distressed sheep

By David Clarkson

Ministry of Agriculture inspectors allege lack of feed caused distress and pain to sheep on an over-stocked Waiau farm which was struggling under snow in the winter of 2006.

The sheep were almost all under-weight and the ministry decided hundreds were in such poor condition they had to be destroyed.

The farmer, Melville John Dalmer, is a 75-year-old who has been farming the family’s Annandale property near Mount Lyford for 46 years.

But in the Christchurch District Court yesterday he faced two charges of ill-treating his stock by failing to provide adequate feed.

He denied the charges at the start of a trial that could last for at least two weeks before Judge Neave and a jury.

Crown prosecutor Marcus Zintl said ministry inspectors and veterinarians had examined and assessed the animals and the farm. The ministry said it was over-stocked by 5530 animals.

But defence counsel James Rapley said the farm, which has been in Dalmer’s family for generations, was steep, rugged, high country which was still under snow in August 2006 from a “weather-bomb” which had struck the South Island on June 12.

He said Dalmer had struggled because of factors which had come together, including a drought, then a wet May, equipment failures, a failed grazing contract, and the huge and unpredicted dump of snow.

The trial would come down to omissions ― not feeding out enough ― he said. “It’s about whether he was doing everything reasonable in the circumstances to comply with his obligations to feed the sheep, look after them, and make sure they were healthy.”

The jury would have to decide whether they got into this state because of circumstances of stress and emergency ― “the steep terrain, the weather conditions, and the safety of working in that environment”.

He told the jury they would be shown pictures of animals in a bad way and urged them not to let their emotions override their judgment.

Mr Zintl described for the jury the 1606ha property and the stock it carried when a ministry inspector visited on July 19, 2006. He was able to see some sheep’s spines through their fleece.

Dalmer explained the difficulties and said, “I’m hoping we will scrape through.”

When veterinarians later talked to him, he showed only a basic understanding of farming practices and the times of year when procedures had to be followed for livestock.

At the time of the inspections in July and the round-up of stock in early August, young animals had still not been weaned, which increased the feed requirements for the ewes and cows.

The animals were weighed and assessed as they were mustered.

Ninety-six percent of the ewes were below acceptable body weight. They were 30 to 40 percent below the expected body weight, and 380 severely emaciated sheep had to be euthanased.

The inspectors assessed the farm was overstocked by 5000 sheep and 400 cattle.

Some large round bales of hay had been fed out, but no fertiliser had been applied to boost the pasture growth. Stock numbers had not been reduced.

“The crown says the accused failed to take these options until the ministry intervened, and failure to do so caused the sheep to suffer distress or pain,” Mr Zintl said.