A Devon farmer who was banned from keeping animals has narrowly avoided jail after he admitted keeping a flock of over 500 sheep.
Philip Govier, from Willtown Farm, Clayhidon, was sentenced on 15 January to 22 weeks in prison, suspended for 12 months,
At Exeter Magistrates’ Court, District Judge Matteson said that if it hadn't been for the 74-year-old's poor health he would have gone to jail.
The court heard that Mr Govier was banned from keeping livestock in 2014 after a conviction under the Animal Welfare Act 2006.
However, following a tip-off from the public and intelligence from the Animal and Plant Health Agency (APHA), a new prosecution was brought during which the court ordered the flock to be seized and sold to another farmer.
After initially refusing to acknowledge that he had breached his ban, Mr Govier changed his plea to guilty on the first day of his trial last month.
He also pleaded guilty for failing to provide adequate treatment and a suitable environment for them.
During sentencing the judge said that Mr Govier showed a blatant disregard for the disqualification order, and his actions resulted in further welfare offences.
In mitigation the court heard that he had been a farmer his whole life and was a ‘proud and stubborn’ man, and although he knew he was disqualified he did not fully appreciate what that meant.
Mr Govier’s defence went on to say that it 'was not a deliberate act of cruelty or neglect' because he struggled to keep up with everything that needed to be done.
In addition to the suspended sentence he was given a four-month curfew order and fined £2385 with £4140 costs and a £120 victim surcharge.
Councillor Rufus Gilbert, of Devon County Council said: “Thankfully, having to take this kind of legal action is rare, and most farmers and smallholders take the welfare of their animals very seriously.
“Our staff work hard to try to assist and support farmers but when we find serious breaches we will take action and work with partners to prosecute those responsible.”
