THE Department of Agriculture, Food and the Marine is opposing a bid by the legal team of a Co Galway veterinary surgeon to obtain a court transcript of his District Court hearing.

At Gort District Court in January, Judge Patrick Durcan fined south Galway veterinary surgeon, Mr Felim MacEoin €2,500 for the single count of possessing an unauthorised animal remedy, a sarcoid cream used to treat cancerous skin tumours in horses. The prosecution was taken by the Department of Agriculture, Food and the Marine.

Felim MacEoin of Caherillan, Kinvara, Co Galway appealed the penalty to Galway Circuit Court with the appeal due to be heard in October.

In advance of that hearing, Felim MacEoin’s solicitor, Mr Colm MacEoin, made an application seeking a transcript of the Digital Audio Recording (DAR) of the District Court hearing into the case.

At Gort District Court, State Solicitor for County Galway, William Kennedy confirmed that the Department of Agriculture is opposing the DAR transcript application.

Mr Kennedy stated that the District Court rules specify that a DAR transcript can be made available if the court deems that it is done so in the interests of justice.

Guilty plea

Mr Kennedy told the court that “this case was dealt with in January and the defendant pleaded guilty. The matter was dealt with and he has appealed against the penalty imposed by this court and the appeal is pending.”

Mr Kennedy said that Mr MacEoin requires the transcript of the DAR in order to deal with his appeal as his counsel (or barrister) requires it to advise on proofs. Mr Kennedy stated that they are the only grounds offered.

Judge Mary Larkin stated that, “I don’t believe a letter from a barrister saying to me ‘to advise on proofs’ covers ‘in the interests of justice’”.

Judge Larkin stated that a further affidavit is required if Mr MacEoin wishes to advance the application for the DAR recording.

Judge Larkin adjourned the application to September 9th and directed that a new affidavit be lodged to court and be copied to Mr Kennedy in advance of the court hearing into the application.