Anthony Gerard Gleeson, 67, was found guilty of 26 counts of aggravated animal cruelty along with a further two counts of animal cruelty earlier this year, relating to a period between March 27 and April 3, 2019, on his drought-affected Molka farm.
The magistrate found little evidence of remorse from Gleeson.
At a contested hearing, it was heard government vets found starving sheep bogged in mud in several dams, vulnerable to predators. A total of 27 sheep had to be euthanised.
Veterinary officer Shiralee Manning had given evidence there was, at times, no pasture for sheep to consume, that she had seen a barely-alive sheep with blood running down its face, a dam with a number of dead sheep submerged in mud, and no safe watering point for sheep on the property.
Sentencing Gleeson, Magistrate Andrew Capell said the “passive cruelty” highlighted animal welfare must not come second to commercial gain in the agricultural industry.
“In a time of drought, I’ve found that you did not take appropriate care of your livestock,” Mr Capell said.
“I sense that it became all too hard and that you buried your head in the sand when it came to weighing up the cost of maintaining the flock as against the welfare of the flock itself. You got the balance very wrong.
“In the knowledge that sheep are a herd animal, it was distressing to view footage knowing that the sheep around and in the dams were unable to extricate themselves to seek food and the dwindling water in the dams.
“As a herd animal, they were left to predatory behaviour whilst alive and vulnerable to the elements.”
It was heard Gleeson, who took over the running of the farm in 2002, had no prior criminal convictions.
Prosecutors had submitted only a prison sentence would be appropriate and Mr Capell acknowledged that would send “a resounding message to the industry that welfare is paramount”, but ultimately opted against doing so.
He instead imposed a 15-month community corrections order including 150 hours of community work and mental health assessment and treatment, along with a $50,000 fine.
An order was also made requiring Gleeson to ensure that all his farm animals received sufficient food and water and any sick or injured animals were delivered veterinary treatment.
Mr Capell noted Gleeson’s reputation, particularly within the agricultural industry, would be severely damaged by his conviction.
“That of itself will be a very significant deterrent from any future offending,” he said.
“At the same time, I find you’ve shown very little remorse or acceptance of responsibility for your offending.”
Gleeson was also ordered to pay $26,384.41 in costs relating to the hearing, Mr Capell finding he had taken an “unnecessary path” in running his defence.
“Having heard all the evidence, this was a very strong prosecution case. Mr Gleeson was entitled to test it, but in doing so prolonged the case significantly,” he said.
“I refer to the suggestions put to witnesses that the condition of these sheep could have been due to being affected by ovine Johne’s disease. The evidence was overwhelmingly that they were not.
“It was an unnecessary path in my view, the evidence was just so clear about that.”
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