Hard-up farmer burned carcasses of 11 sheep

Marcel Worley, 45, of Zermatt, Rue des Mares, Torteval, admitted the offence under the Environmental Pollution Ordinance 2019 when he appeared for what was thought to be the first court case of its kind in Guernsey.

Advocate Sarah Watson, prosecuting, told the court that on 29 January firefighters were called to land which the defendant leases at Rue des Cambrees, Torteval, where two open fires were burning.

The fires contained sheep carcasses and general waste and police were notified. That evening, when officers attended, the defendant admitted lighting the fires.

The deputy States Vet and slaughterman also attended.

They found the carcasses of a minimum of 11 sheep across the two fires. There were several plastic feed bags which contained the carcasses of poultry and possibly lambs.

There was also wood, wool, various metal items, spray cans and some plastic.

The slaughterman removed the animal remains and the defendant asked for advice on what he could do with the other waste which later he cleared voluntarily. The wool was recycled.

He told police he had not been able to afford the cost of getting the carcasses removed. He had no previous convictions.

An Environmental Health officer reported that the open burning would have created unnecessary airborne pollution as well as being in breach of the waste ordinance.

Advocate Paul Lockwood, defending, said his client was hard-working and doing his best to stay on his own two feet. He was in financial difficulty and a substantial fine would bankrupt him.

There was nothing untoward about the death of the sheep – all had died from natural causes – and the loss, at a value of about £200 each, had caused further financial problems.

Covid, rocketing fuel and feed costs, avian flu, and last summer’s drought, had take his business to the precipice, the advocate said.

It would cost £10-15 to dispose of a sheep in the UK while it was £115 locally.

His client could not afford to pay any fine and would have to serve the time in prison instead.

Judge Graeme McKerrell said nobody with any knowledge would deny it was difficult for farmers to make a profit in Guernsey and it was extremely hard work.

A lot depended on the size of an operation as margins were small. But the legislation was there for good reason, to protect the land and the health of others.

‘The plain fact is that you can’t cut corners and the rules have to be followed,’ he said.

The damage in this case was at the lower end of the scale but these were not just small domestic fires. Someone had been concerned enough to phone the Fire & Rescue Service due to the amount of smoke.

He noted the defendant’s financial position and said sending him to prison for failing to pay a fine would not be appropriate in the circumstances.

The defendant would therefore have to perform 70 hours of community service. There was no custodial alternative, although that did not mean that he would not go to prison if he failed to complete it.