Molka farmer guilty of cruelty charges

Two other charges were dismissed.

The Department of Jobs, Precincts and Regions is seeking a jail sentence for Gleeson and a 10-year ban on him owning and managing stock.

The case was adjourned for final sentencing.

The court heard Gleeson, 67, was the owner of the flock which was found to be in a weakened state on his farm between March 27 and April 3, 2019.

Government vets found starving sheep bogged in mud in several dams, and vulnerable to predators in their weakened state.

Twenty-seven sheep had to be euthanased.

Veterinary officer Shiralee Manning told the court she spent five hours at the 350 ha property on March 27, 2019 and there was no pasture for sheep to consume.

Dr Manning told how she had seen a barely alive sheep with red blood running down its face from an eye which had been predated upon. It was euthanased.

She also saw a flock of 750 to 800 Merino wethers, some of which were in a light condition and weak. She saw another emaciated and weak sheep which was euthanased.

Dr Manning drove to a nearby dam where she found 10 sheep partly submerged or stuck in the mud. Six were dead and the other four were euthanased. The sheep had gone to the dam and became stuck.

She went to a second dam and saw two more dead sheep and two live sheep stuck in the mud, which were euthanased.

Dr Manning said she couldn’t see any safe watering point for sheep on the property.

She said the sheep would have suffered physical pain and endured prolonged suffering before death.

Animal health officer Caitlin Smith told the court of three visits to the Molka property and on the first she estimated the body condition score of the 750 sheep she saw would have been at the lower end of category 1.

She also gave evidence of seeing sheep submerged or partly submerged in a boggy dam.

Ms Smith returned two days later and found one sheep in a weakened and distressed state with no food or water available.

On April 1 she returned and found eight live sheep and five dead sheep submerged in mud around a dam. The live sheep were euthanased.

Further sheep were found at another dam.

The defence argued there was no evidence Gleeson was aware sheep were within the muddy perimeter of a dam. An argument was also put that there could be another innocent explanation such as a disease which caused the sheep to be frail and stuck in the dam.

Magistrate Andrew Capell said it was clear that the area was in drought but there was overwhelming evidence the sheep did not have access to safe drinking water.

Representing Gleeson, Hazel Whalley told the court Gleeson had no prior convictions and had not come under the notice of the department prior to this. He had also not committed any further offences in the past two years.

Ms Whalley asked the court to consider a fine or community corrections order.

She said Gleeson had limited capacity to pay a substantial fine and a long period of disqualification from managing animals would in effect force his retirement.

Prosecutor Andrew Sim said Gleeson’s application for legal aid lodged last year had indicated he had a share portfolio valued at $598,000 and, allowing for loans, a net value of $368,000.

He said Gleeson had demonstrated no remorse for his actions and had not offered any explanation for his behaviour. He said a term of imprisonment was the most appropriate sentence.

Gleeson has indicated he might appeal the decision of the court.