A FARMER sold milk from cattle which had tested positive for TB because he refused to believe the cows had the disease. He now has to pay nearly £52,000 in fines and compensation.
Timothy Juckes sent four cows without the disease to the slaughterhouse instead of the infected animals, Gloucester Crown Court heard yesterday.
He then took compensation from Defra for the livestock, which should have been destroyed.
The court heard Juckes was not motivated by greed to commit the crime, but by his previous experiences of losing cattle because of the TB regulations of Defra (Department for Environment, Food and Rural Affairs).
Between 2004 and 2009 six of his cattle tested positive for TB but he was ordered to slaughter a total of 60 because it was possible they could have the disease.
The court heard that the milk from the infected cows would not have posed a health risk to the public.
Judge William Hart said Juckes, of Tredington House, Tredington, near Tewkesbury, had ignored the principles of "proper and honest" dealings.
"He believes these cows probably did not have TB and thought he would be destroying healthy animals he had reared," he said.
However, he told Juckes he should not have ignored the order from Defra.
The judge said: "It is not for you, or any farmer, to second guess the department.
"In our society we have to trust matters of this sort to the authorities, whether or not you agree with them. You are obliged to comply with the law.
"You are fundamentally a decent and honest farmer and you have fallen from grace with the commission of these offences."
Juckes was ordered to pay back £5,398 in compensation to the government department.
He was also told to pay back the £12,592 he made from continuing to milk the infected heifers and sell their produce.
The 36-year-old was also fined £14,000 and ordered to pay £20,000 in costs after he was prosecuted by Gloucestershire's Trading Standards department for 10 counts of fraud in connection with selling the milk.
Judge Hart said it was an expensive lesson for the farmer whose reputation had also suffered as a result of his actions. The court heard no public or animal health offences were committed.
Three cows were found to have the disease in October 15, 2010, and another the following month.
