An “over-exhuberant” farmer misused an electric cattle prod on a “stubborn” cow, which suffered multiple lesions and bruising all over its body – a court was told.
Wesley Gracey used the device on both sides of the animal’s neck, its ribs. and hind quarters during a cruel incident, which lasted approximately four minutes.
The 62-year-old, of Tehillah Farm in Fyvie, Aberdeenshire, resorted to the unlawful action after the cow refused to leave his truck at a slaughterhouse.
Gracey had driven six cows to the Scotbeef abattoir in Inverurie, where all but one of the cattle left the transporter.
Despite attempts to “cajole” the animal after it had sat down in the truck, it would not be moved.
But in turning to the use of a cattle prod, Gracey went well beyond what is legally allowed, Aberdeen Sheriff Court was told.
Fiscal depute Lewis Devoy said: “The accused is a cattle farmer and on September 29 2020, he delivered six cattle to Scotbeef in Inverurie.
“The accused has arrived with his cattle in a livestock trailer being towed by his vehicle.
“He began to unload his cattle from the trailer. At this point, however, one of the cows has refused to leave the trailer and has sat down within it.
“The accused has attempted to cajole the animal from the rear of the trailer, however, it has refused to move.”
Gracey was then seen on CCTV by abattoir staff to go into his vehicle and retrieve an electric cattle prod.
‘Conduct lasted approximately four minutes’
Mr Devoy explained: “He was thereafter observed to use the cattle prod repeatedly on the animal in an attempt to remove it from the trailer.
“The accused was observed to use the prod on the animal multiple times on the hind quarters, the ribs and both sides of the neck.
“The conduct lasted approximately four minutes.”
Mr Devoy told the court that to correctly use the prod, it can only be used on an animal’s hindquarters and only for a maximum of one-second bursts.
He added: “The animal was not removed from the trailer and, accordingly, the trailer was moved to a different part of the abattoir and eventually the animal was slaughtered in situ”.
A post-mortem examination was carried out on the cow.
It found “multiple lesions” and bruising around the shoulders, neck, back and hindquarters, as a consequence of the electric prod.
Gracey admitted a charge under the Welfare of Animals (Transport) (Scotland) Regulations 2006 and the Animal Health Act 1981, of repeatedly applying the electric prod, causing suffering.
‘Process not entirely unheard of’
The farmer had also faced a charge under the Animal Health and Welfare (Scotland) Act 2006, of causing the cow unnecessary suffering with the prod and by repeatedly kicking it, but the Crown accepted his plea of not guilty.
A not guilty plea to third charge, behaving in a threatening or abusive manner, was also accepted.
Defence agent John McLeod said his client had “been a farmer for decades”.
He said: “My client described the animal as stubborn and he accepts he eventually resorted to the use of the prod”.
Mr McLeod said it was the “extent of the use” which made it an offence, adding that Gracey “could have dealt with it differently”.
He said: “There are half a dozen people visible in the CCTV observing all this going on, as if to suggest it’s a process not entirely unheard of.”
The lawyer said Gracey, who buys and sells a “large volume of cattle” throughout the year and regularly attends markets, had been “overexuberant” in his use of the prod.
Sheriff Mark Thorley fined Gracey, who did not attend court in person, £790.
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