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Man jailed over crash that killed his girlfriend has "unduly severe" sentence cut

James O’Donovan pleaded not guilty to dangerous driving causing the death of Rosana Potts and another woman.

A MAN CRITICISED for seeking to attribute “blame” on his girlfriend for a crash which killed her and another woman has had his seven-year prison sentence cut on appeal.

James O’Donovan (30), of Athy, Co Kildare, had pleaded not guilty to dangerous driving causing the deaths of Rosanna Potts (22), his girlfriend and passenger, as well as Teresa Kiely (49), who was travelling with her daughter in another car, at Youngstown, Athy, on 27 December 2012.

O’Donovan was found guilty by a jury at Naas Circuit Criminal Court and was sentenced to seven years imprisonment by Judge Leonie Reynolds on 2 March 2015.

O’Donovan successfully appealed his sentence yesterday with the Court of Appeal deeming it “unduly severe” and finding that the Circuit Court erred in treating his defence as an aggravating factor.

The Court of Appeal heard that both vehicles were in perfect mechanical order and there was no evidence as to O’Donovan’s manner of driving.

Wrong side of the road

Giving judgment yesterday, Mr Justice George Birmingham said O’Donovan had been driving a Mitsubishi Pajero which went onto the wrong side of the road and crashed into an oncoming Toyota Prius causing the death of the driver, Teresa Kiely, and injuries to her daughter.

In his first exchange with gardaí at the scene, O’Donovan said that he and his girlfriend were arguing at the time of the collision and that she hit him a couple of times, that she pulled his hood and the next thing he remembered was regaining consciousness.

A significant feature of the trial was evidence from two experts – a garda forensic road collision investigator and a consultant forensic engineer. Their conclusions diverged.

This disagreement contributed to a difference in opinion as to where control of the Pajero was lost.

Aggravating factors

The Circuit Court judge listed the aggravating factors including “the fact that the nature of the defence was such that the accused sought to attribute sole blame for the accident on the deceased, Ms Potts, which this court finds utterly reprehensible”.

Counsel for O’Donovan, Damien Colgan SC, submitted that there was an inappropriate emphasis placed on the nature of his defence and that the sentence was out of line with sentences in comparable cases.

The Court of Appeal could not agree that O’Donovan’s defence, which involved putting blame on Rosanna Potts, was an aggravating factor and one to be regarded as reprehensible.

Mr Justice Birmingham said it was noteworthy that in the first exchange O’Donovan had with a garda at the scene, he referred to the fact that prior to the accident, he and his girlfriend were quarrelling.

He had to be free to raise that circumstance as part of his defence, the judge said and it was an “error in principle” to regard it as an aggravating factor.

Mr Justice Birmingham said O’Donovan’s junior counsel, Libby Charlton BL, had “helpfully” assembled comparator cases and “certainly by reference to the cases assembled” it appeared that seven years was a “particularly and indeed unusually severe one”.

Prosecuting counsel also accepted it was unusually severe compared to those listed in response to a question from the court.

“Unduly severe”

He said the judge erred in imposing a seven year sentence as that was “unduly severe”.
Mr Justice Birmingham said O’Donovan was a carpenter, the father of a seven-year-old girl from a previous relationship whom he supports and was the main carer for his mother.

He had nine previous convictions including one for dangerous driving that occurred some two months before this accident. He had driven through a stop sign at a junction which lead to the hospitalisation of the other driver who “fortunately made a good recovery”, the judge said.

Resentencing O’Donovan, Mr Justice Birmingham said this was a “very serious offence involving two fatalities which have left two families devastated”.

There was a highly relevant previous convictions among others and as such “unlike in some dangerous driving cases” O’Donovan could not say he was a person of previous impeccable character.

Mr Justice Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, imposed a five-year sentence with the final year suspended in order to incentivise rehabilitation.

His 30-year driving disqualification was reduced to 12 years because the original term might actually serve to make rehabilitation more difficult and prevent him from reintegrating into employment, the court found.

O’Donovan was required to enter into a good behaviour bond and he undertook to be so bound.

Read: Computer fault let man take out €13,600 from an ATM>

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    Mute John Considine
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    Jul 6th 2016, 6:31 PM

    Completely different spin on this story on independent.ie. They say it was an official receiver in bankruptcy who was involved, not a “debt collector”, even though some debt was obviously involved. They also say his attempts to take the animals off the farm met with criminal interference, chained gates were cut open and cattle allowed to stray, which contravenes the TB eradication rules – no farmer wants his cows coming in contact with cows from another herd, because of the obvious risk. That would explain why the gardai became involved since criminality was ( per the indo) involved. The gardai can call on the army to assist when needed, it’s known as aid to the civil power.

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    Mute LITTLEONE
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    Jul 6th 2016, 7:08 PM

    Completely different from everywhere it seems.
    Irish Farmers Journal
    Irish Farmers Journal / News / News / Watch: ‘Wild’ cattle shot by army in debt dispute.l
    Five heifers were shot by members of the armed forces on Tuesday as part of a debt recovery exercise.
    The Irish Farmers Journal has been contacted by the owners of the animals after five of their heifers were shot by members of the army on a farm in Co Monaghan.

    The owners of the stock told the Irish Farmers Journal that the army was called to shoot the animals after the debt collection service had struggled to load the five animals on to a truck. The owners also allege that all other machinery from the farm had been removed. It is understood that the local Department of Agriculture vet had been made aware of the military exercise.
    The Official Assignee in Bankruptcy, Chris Lehane, said in a statement that he had made the decision to have the cattle killed after failing to remove all the “wild and dangerous” animals from the farm with “experienced cattle assistants”. “As Official Assignee I have a duty to recover value from assets of bankruptcy estates and it is clearly not in my interests to kill cattle, nor would I do it, without firstly having exhausted every other possible avenue open to me to resolve the problem,” he said

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    Mute Lad
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    Jul 6th 2016, 8:03 PM

    But the statement also doesn’t confirm it was due to TB. Either way this shouldn’t happen.

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    Mute John Considine
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    Jul 6th 2016, 8:16 PM

    You have to understand the strictness of the TB control regime. Bovine TB can be spread by exhaled breath and the bacillus will stay on grass until bright sunlight with UV kills it. No farmer can allow his cattle to contact cattle from another herd. Even when animals are taken to a mart to be sold, or not, they have to be tested and cleared before they can be moved off the farm. Going by the reports of this case, the bankrupt’s cattle were being allowed to stray onto the road. They could therefore meet other cattle either at roadside gates, or if some well-meaning person put them in a field in the interests of road safety. If, for example, one of them had TB and that animal met another from a 300-cow herd, they herd would be ‘locked up’ and that entirely innocent farmer would suffer significant economic loss and disruption.
    The Official Assignee in bankruptcy took control and possession of the bankrupt’s assets, necessarily under a court order. He then became responsible for the heifers. It seems from the reports that he encountered criminal opposition, resulting in the heifers straying. Again going by the reports, he says he tried rounding them up by conventional means and failed, so he did what he did.
    It must be said that had he been allowed to do his duty under the court order, this story mightn’t have reached this point at all.

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    Mute Tariq ibn Ziyad
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    Jul 6th 2016, 8:24 PM

    I call bullshit on this story

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    Mute Dave Doyle
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    Jul 6th 2016, 9:03 PM

    John, this has nothing to do with TB. Where were the vets involved. This is taking debt, and asset stripping to a new low.

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    Mute John Considine
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    Jul 6th 2016, 9:07 PM

    Dave, did you read the article, and my comment? It has everything to do with TB, cattle cannot be allowed to stray off farm and onto the road which is what happened here, pet the reports. I might say the same about your comment, it isn’t asset-stripping.

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    Mute David Murphey
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    Jul 6th 2016, 9:20 PM

    “I call bullshit on this story”

    What age are you? 12?

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    Mute Ziggy722
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    Jul 6th 2016, 9:33 PM

    He isn’t 12 and more than likely he is an American/Israeli troll.

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    Mute Bobby Phelan
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    Jul 6th 2016, 9:53 PM

    Sur the Irish dont care.The Irish are living in nod land this story is a cover me back while i let the banksters and guards rob your home.

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    Mute Bobby Phelan
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    Jul 6th 2016, 10:24 PM

    http://www.northernsound.ie/news/farmer-claims-cattle-shot-on-carrickmacross-farm-were-shot-needlessly/ the journal caught out spoofing it seems another bad day on the island of Ireland

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    Mute Dave Doyle
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    Jul 6th 2016, 10:41 PM

    John, i’ve read more about this than what has been published here. No vets involved, no quarantine of the animals. Nothing about TB. Involving the Army in assisting in debt collection is a very dangerous precedent. And that’s all this is about.
    Asset stripping, it’s happening all over the country. Every bit of property that can be taken, and not always legally, as in many cases the documentation being presented by the banks and loan agencies are forged and false, and not even signed off by the Registrar of banks.
    Farmers were encouraged by the government to take out loans to invest in their farm business, mostly dairy farming. Then along comes Hogan and shafts them on milk prices. They cannot pay the loans. The banks call in the loans and sell the property on to foreign vulture funds. 38 farmers have committed suicide in Co. Meath alone in the past 5 yrs over debt problems.
    Every bit of property in the country, be it homes or farms is being sold off to vulture funds by the banks at every hands turn. Nothing is being said or reported on this by MSM. The government legislated to make it easier for the banks to get evictions. It looks like there will not be a blade of grass left that will be owned by Irish citizens if this neoliberal coalition of FF and FG continues. Now our Minister for Defence, Enda Kenny is calling in the Army to assist debt collection.
    The country is being sold off bit by bit under our noses.

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    Mute Harry Price
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    Jul 7th 2016, 12:30 AM

    CAN ..i ask you sir how long dose it take to remove the TB ..I was a boy when the test came out over 60 years ago and its not cleared yet .. animals have been here since the start of the world ..the confusion and untruths are many best summed up by the top vet some many years ago ..its jobs for the boys

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    Mute Bren MC
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    Jul 7th 2016, 12:59 AM

    True, john’s comment reads like an official release.

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    Mute Motherofdivinejebus
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    Jul 7th 2016, 1:55 AM

    Time to earn your money at the Journal folks, either be real Journalists or just follow the herd (pun intended)
    As per the Irish Times tonight..

    Five heifers shot by soldiers as part of bankruptcy seizure
    Five heifers were shot dead by soldiers on a farm in Co Monaghan on Tuesday as part of a bankruptcy seizure, it has emerged.
    The Red Limousin heifers, on John Hoey’s farm, Annacroft, outside Carrickmacross, were killed by members of the Defence Forces after attempts to move them failed.
    Mr Hoey was declared bankrupt in February and, his assets were seized by Chris Lehane, official assignee in charge of bankruptcies.
    Most of his herd was removed, but five animals proved difficult to catch and, with the approval of the Department of Agriculture, were shot in situ.
    Mr Hoey said he was working on his farm on Tuesday morning. His partner and six-month-old son were in the house when he heard shots.
    He said he walked out and saw eight armed men shooting. One of the animals was still alive and running through the meadow, he said. The animal ran out on to the road and was shot “stone dead”.
    http://www.irishtimes.com/news/environment/five-heifers-shot-by-soldiers-as-part-of-bankruptcy-seizure-1.2712723

    And also the Daily Mirror
    Irish Army snipers shoot DEAD five cattle after they were called in to help debt collectors
    http://www.irishmirror.ie/news/irish-news/irish-army-snipers-shoot-dead-8364380

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    Mute henry2014
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    Jul 7th 2016, 4:12 AM

    They were touts

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    Mute John Considine
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    Jul 7th 2016, 8:25 AM

    Dave – asset stripping is the name given to the process of buying a company or business in order to sell off its assets, usually because the buyer thinks the assets will realise more than the purchase price of the company. It is entirely legitimate and lawful. Selling assets on foot of a court order granted on the basis of a debt owed by the owner of the assets isn’t asset stripping.

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    Mute John R
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    Jul 7th 2016, 11:20 AM

    Now John, don’t you know that Court orders to recover debt should not be honoured and debt need not be repaid. Shure the compliant taxpayer can pick up the tab as can those who actually pay their debts which is most of the population of this country. There is a group of people who post on the Journal whom I suspect have never worked and who seem to think that someone else should always pick up the tab. Sad really. And there is a group of rural people who think no farm should ever be repossessed even if the farmer owes money and cannot pay it. But they still want farmers to be treated as businesses until of course they get into debt when the argument morphs into a “rural communities being decimated”.

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    Mute John Considine
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    Jul 7th 2016, 12:05 PM

    True enough, John R. And what’s more, you can walk into the high court any morning and had up a photocopy of last Sunday’s paper and you’ll get an order that lets you pick your own farm and just walk in there. No law at all in this country.

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    Mute Ron Spaghettini
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    Jul 7th 2016, 5:50 PM

    Are you attempting to be funny?

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    Mute Danny McLaughlin
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    Jul 9th 2016, 11:49 AM

    The full story is now out.

    Today’s irish times.

    http://linkis.com/www.irishtimes.com/n/A93sL

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    Mute mickmc
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    Jul 9th 2016, 2:44 PM

    Oh yes and this hard done saint the hub is protecting.

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    Mute DonalC
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    Jul 6th 2016, 6:18 PM

    Anyone else get the image of an army squad breaching a field gate then storming a field and taking out some cows?? Because I do

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    Mute Ger Comings
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    Jul 6th 2016, 6:21 PM

    do what…

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    Mute Big bad bull
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    Jul 6th 2016, 6:59 PM

    Suffering from tb……….

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    Mute Cherie Shekleton
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    Jul 6th 2016, 7:59 PM

    That’s pretty much what happened

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    Mute mick skelly
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    Jul 7th 2016, 5:06 AM

    Donal take a bow!

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    Mute Paul Devlin
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    Jul 6th 2016, 6:22 PM

    Since when is it the duty of the Defence Forces, and indeed the Gardai, to act as goon squads for debt collectors? Debt collection is a civil matter, only occasionally requiring garda support if trouble ensues. But sending in the army is pretty squalid and an insult to the soldiers involved

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    Mute cholly appleseed
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    Jul 6th 2016, 6:26 PM

    Well if the farmer had access to firearms. Then would be not fair to send in unarmed debt collectors

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    Mute rory conway
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    Jul 6th 2016, 6:31 PM

    Paul, debt collecting can be a State matter also.

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    Mute Alan Hartnett
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    Jul 7th 2016, 10:33 AM

    What’s worse is we paid for this

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    Mute David Hanlon
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    Jul 6th 2016, 6:16 PM

    Rational explanation instead of hysteria we heard earlier.

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    Mute Motherofdivinejebus
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    Jul 6th 2016, 6:31 PM

    Bullchit cover up story more than likely – tell me one other time where our “Army” have culled Cows with TB, the Hubs version of this event is a lot more plausible than this feeble excuse.

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    Mute mickmc
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    Jul 6th 2016, 6:34 PM

    Of course it is. The hub member know all about culling people or at least they did back in the 70′s 80′s and up until the mid 90′s when the peace process kicked in.

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    Mute SK
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    Jul 6th 2016, 6:36 PM

    There was no hysteria. If it wasn’t for Facebook / Twitter this wouldn’t even be reported AND there is still a lot to be explained !

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    Mute Wayne O'Fathaigh
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    Jul 6th 2016, 6:37 PM

    Father in law laughed this am, a proper old school farmer remembers the army doing stuff like this in the 50′s and 60′s

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    Mute David Hanlon
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    Jul 6th 2016, 6:42 PM

    Have u not seen the movie ‘the udders’

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    Mute Watchful Axe
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    Jul 6th 2016, 7:11 PM

    There is the right way, the wrong way and the army way of doing something, (basically the wrong way but quicker). I hope they remembered to shout “it coming right at us” before they pulled the trigger.

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    Mute Lorem Ipsum
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    Jul 6th 2016, 7:25 PM

    Not sure why you put the word army in quotation marks. They are the army. Any other organisations in this state claiming to be armies have no legitimacy

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    Mute Gerry Fitzgerald
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    Jul 6th 2016, 7:28 PM

    I did. In 2009 in Wexford, when I was a sniper in the Army. Answer your question?

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    Mute Greagoir O Corrigain
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    Jul 6th 2016, 8:23 PM

    Some spin by the media…man I work with got a phone call today at lunch,he knows the farmer…he owes money to the bank and they came to take 12 cows away…got 6 but the army killed another 6.true story

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    Mute Peter Fechter
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    Jul 6th 2016, 8:25 PM

    Describe your once in a lifetime shot…seriously.

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    Mute Tony Canning
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    Jul 6th 2016, 10:14 PM

    We don’t have an army, we have a defence force

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    Mute Gareth Murphy
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    Jul 7th 2016, 4:19 AM

    We do have an army. Defence Forces Ireland is made up of the army, naval service and air corps.

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    Mute Danny McLaughlin
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    Jul 9th 2016, 11:47 AM

    Greagoir, you’ll get the full story here.

    http://linkis.com/www.irishtimes.com/n/A93sL

    He owes me, you and all other citizens of the state over €3.5m as well as €230,000 to a fuel company.

    No word of any banks.

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    Mute John Considine
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    Jul 9th 2016, 3:58 PM

    Thanks for sharing the link Danny, good to get a reputable source for the facts.

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    Mute EmmaQ@gmail.com
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    Jul 6th 2016, 6:15 PM

    Culling in the animal world is essential. Hopefully someone will have balls to make a decision on culling Seagulls next.

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    Mute David Hanlon
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    Jul 6th 2016, 6:17 PM

    Surely you mean gulling!!! :-)

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    Mute Liam Byrne
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    Jul 6th 2016, 6:26 PM

    Humans next I’d think.

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    Mute Maire Ui Riain
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    Jul 6th 2016, 6:46 PM

    Sure human culling all over the world. Abortion and genocides……

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    Mute Maire Ui Riain
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    Jul 6th 2016, 6:48 PM

    Oh and don’t forget the rats , rabbits and pigeons…..

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    Mute conri
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    Jul 6th 2016, 7:06 PM

    And us, christ someone better cull the human race soon.

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    Mute TheLoneHurler
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    Jul 6th 2016, 9:22 PM

    And conri is first..?

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    Mute Sloop John G
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    Jul 6th 2016, 10:08 PM

    Could it be a case that the army marksmen are so bad that they needed to practice on very large slow moving targets in order to restore confidence :-)

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    Mute Ros Aodha
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    Jul 7th 2016, 10:33 AM

    @Sloop
    watch this and stick that comment where the sun dont shine
    http://www.irishmirror.ie/news/irish-news/watch-american-medias-shocked-reaction-6708316

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    Mute Conor Lynn
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    Jul 8th 2016, 9:54 AM

    Irish Soldiers are amongst the best in the world, winning numerous shooting contests. But, there is a vast difference between shooting targets and livestock. Local deer stalkers should have been called into do the job. They would know exactly where to place the bullet. But then nobody knows all the details of the cull. Were the army using appropriate weapons of the right caliber. As wild as these animals are, I’m sure a few farmers with well trained dogs would have secured the cattle. Sending in the military seems a bit heavy handed. But then who knows?

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    Mute ispycoffee
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    Jul 6th 2016, 6:22 PM

    The fact that the army were there AT ALL is a misuse of the army- they are not supposed to have any role to play in situations like this. If these animals were ‘out of control’, as explained here, then they could have been rounded up like any other runaway cow has been in the history of farming. TB wouldn’t make them run wild- that’s just nonsense. Cattle with TB are put down every day here and no-one has ever needed an army grunt with a rifle to achieve that anywhere else.

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    Mute Ger Comings
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    Jul 6th 2016, 6:29 PM

    But an army that doesn’t fight wars has to kill something, sometime. Ours – time and sick cows…

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    Mute Wayne O'Fathaigh
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    Jul 6th 2016, 6:30 PM

    The Irish defence forces are charged with assisting the Gardaí in any civil matter deemed required. It’s one of their primary roles, obviously in the case at hand someone decided the animals needed to be culled and the nearest resource to carry out the role was the defence forces.

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    Mute Ger Comings
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    Jul 6th 2016, 6:35 PM

    Obviously?! But great experience for them – they must be fed up following armored security trucks from bank to bank…

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    Mute Alan Scott
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    Jul 6th 2016, 6:40 PM

    Thought this job of putting cows to sleep would have been the job of a department vet in a controlled environment . If the cows have TB then they had to be rounded up and tested by a department vet so what was stopping them been rounded up and put to sleep.

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    Mute Wayne O'Fathaigh
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    Jul 6th 2016, 6:53 PM

    The TB had already been diagnosed the cows were illegals released, breed in question is difficult to round up, in open area with access to other animals and roads.

    A number of factors at play here

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    Mute Honeybee
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    Jul 6th 2016, 6:29 PM

    Was a vet called to assess the animals? was this small herd known to be infected with TB? what is the normal protocol in dealing with infected animals? is a firing squad the new way to manage infected animals? how old were these animals? were they previously inspected by a vet? seems a peculiar solution, never heard the like before.

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    Mute Daisy Chainsaw
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    Jul 6th 2016, 6:45 PM

    Sounds like you don’t have much dealings with the Dept of Agriculture.

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    Mute Neal Ireland Hello
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    Jul 6th 2016, 7:11 PM

    Sounds like you don’t either, Daisy, unless they’ve changed radically since I left their employ just a few years ago.

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    Mute Do the Bort man
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    Jul 6th 2016, 7:40 PM

    Cattle are tested once a year by law for TB. If any animals are infected, they are isolated from the rest of the heard, and culled humanly off site, not shot by the army. No cattle can be bought or sold on the farm until the remaining animals of the heard have passed 3 TB tests in the months that follow. It happened on our farm 16 or 17 years ago, and around 30 years ago, not a nice situation to be in. This story seems very strange, by the fact that the guards and army were there. Horrible way to cull the animals.

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    Mute Honeybee
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    Jul 6th 2016, 7:55 PM

    Thank you Do the Bort man for explaining how infected animals are treated, I am sorry you had personal experience of this on your own farm, I am not from a farming background but I would find this distressing, I care about animals, I would just like to know that this was necessary and that there was no alternative, I do not pass judgment on the army unit concerned as they are doing what was requested of them but I do think a vet should have overseen the operation on humanitarian grounds,

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    Mute Honeybee
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    Jul 6th 2016, 8:18 PM

    Why would I have dealings with the Dept of Agriculture Daisy, I am only questioning the article, I know nothing about farming or farming practice

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    Mute Bigus Diccus
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    Jul 6th 2016, 6:17 PM

    So it´s confirmed. This is a fcking disgrace, the Army have no business doing this at all. It stinks from top to bottom.

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    Mute mickmc
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    Jul 6th 2016, 6:23 PM

    The army business is to do what their superior officer tell them to do without question. It was absolutely laughable all the hysteria on fb this morning from The hub supporters.

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    Mute Wayne O'Fathaigh
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    Jul 6th 2016, 6:32 PM

    Actually they have every business. They are constitutionally required to assist the Gardaí and the state in any civil matter where they are required.

    It’s one if their primary roles! Probably the best resource, available at the time to complete the task

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    Mute SK
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    Jul 6th 2016, 6:37 PM

    Hysteria ? No it was more like fact !

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    Mute Wayne O'Fathaigh
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    Jul 6th 2016, 6:39 PM

    Really the army open fired at a civilian as discussed on the Hub today?

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    Mute mickmc
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    Jul 6th 2016, 8:15 PM

    @SK. How do you know it’s fact. Were you there?

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    Mute mickmc
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    Jul 7th 2016, 12:06 AM

    @ SK. Still waiting on evidence that it was fact not taking as gospel what you read on Facebook.

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    Mute Larry Doyle
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    Jul 6th 2016, 7:39 PM

    If they were repossessing a car and it couldn’t be started would they have then asked the army to blow it up? This whole story stinks of incompetence and laziness – “Ah, I couldn’t be arsed running after those – shoot ‘em.”

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    Mute John Considine
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    Jul 6th 2016, 7:43 PM

    No, just put a shot of petrol in it….

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    Mute Steve O'Connor
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    Jul 6th 2016, 6:38 PM

    It may be the case that these 5 animals had TB…. although in my experience “TB present in the herd” usually only means a few animals are effected which are removed and the rest of the herd isolated from outside animals until they can be tested 2-3 more times over the next months- year. Once clear the quarantine is lifted.

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    Mute Steve O'Connor
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    Jul 6th 2016, 6:39 PM

    * affected ( no-one is more disappointed than I)

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    Mute John Considine
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    Jul 7th 2016, 8:30 AM

    Steve, there is a lot of confusion in the comments here about TB. It’s not a question of whether the five animals had TB or not. The point is that they were straying. Stray animals pose a risk to other herds. The assignee, going by the reports, put locks and chains on the gates but ” somebody” cut them, allowing the animals to stray. That person has a lot to answer for in terms of the eventual outcome.

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    Mute Ger Comings
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    Jul 6th 2016, 6:17 PM

    Army, Gardai and debt collector – but no priest?

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    Mute David Hanlon
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    Jul 6th 2016, 6:19 PM

    They may not have been cowtolics.!!!!

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    Mute Donal O Neil
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    Jul 7th 2016, 10:51 AM

    It must have been a mooooving experience . I’ll get my coat .

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    Mute Ban Bloodsports
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    Jul 6th 2016, 10:02 PM

    The bankruptcy official assignee said the cattle were “wild and dangerous”. I find that hard to believe, coming from a farming background, as cattle generally are relatively docile. They can be frightened of strangers and will startle easily. The fact that they couldn’t be rounded up may be because of the way it was being conducted, i.e. rushing them and alarming them. The gunning down of these defenceless animals in a field is so wrong on so many levels, and should never have happened. Totally inhumane.

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    Mute Brendan Hill
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    Jul 7th 2016, 10:43 AM

    Wild and dangerous – sounds like something a lad from the town would say that had never been on a farm

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    Mute Dave!
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    Jul 6th 2016, 6:49 PM

    Disgusted to see the defence forces used in a civil matter. Plenty of private contractors licenced to cull. Did the defence forces not state some weeks ago that it would be improper for their personell to be involved in a repossession when questions were asked about the identity of some bailiffs. Sickened.

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    Mute Aoife
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    Jul 6th 2016, 8:20 PM

    I’d say it was just laziness on the part of the bank. Making out like it was a herd of vicious mad wild cows unlike any other irish cows and this warranted the army being called out. What a load of rubbish. Just the usual guards working for the banks and overseeing a civil debt when they should be working on white collar crime.

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    Mute Do the Bort man
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    Jul 6th 2016, 9:52 PM

    Cattle become very wild when they are being rounded up by strangers. I don’t condone what happened, getting the army to kill them was over the top.

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    Mute mickmc
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    Jul 7th 2016, 8:39 AM

    @Aoife. Tell me about your years of experience at handling cattle. Your obviously an expert.

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    Mute John Considine
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    Jul 7th 2016, 8:59 AM

    Where in the article does it say a bank was involved?

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    Mute Kim Annabella Hannigan
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    Jul 6th 2016, 6:33 PM

    Great spin on this. Way to go Journal. You’d swear the black & tans were back.

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    Mute John O'Neill
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    Jul 6th 2016, 8:59 PM

    I don’t believe one word of this report. How would they know that the cows had TB if they were “out of control” and couldn’t be captured.

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    Mute LITTLEONE
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    Jul 6th 2016, 7:01 PM
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    Mute Ger Comings
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    Jul 6th 2016, 7:04 PM

    do you honestly think we’ll watch you’re* video in the pub…note spelling blueball…

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    Mute LITTLEONE
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    Jul 6th 2016, 7:13 PM

    Ger. Why don’t you piss off. Your nothing but a weird , sad , pathetic , excuse for a man. Do you get a thrill trying to stalk people. Try and find out where they live . Really get s life. Get out more. Do you good . Really weird creepy man.

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    Mute Ger Comings
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    Jul 6th 2016, 7:22 PM

    Man? Yet again, and how many more times….you’re*….get it right…

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    Mute LITTLEONE
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    Jul 6th 2016, 7:36 PM

    Man? So that explains a lot ger. Your questioning whether your a man. I suppose a man like yourself with no balls , would question himself. you’re still a creepy, weird , pathetic man.

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    Mute LITTLEONE
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    Jul 6th 2016, 7:39 PM

    Do ger. Not do. Get it right. How many more times. Didn’t they teach you anything in loony school.
    Capital letters are used with particular types of nouns, in certain positions in sentences, and with some adjectives. You must always use capital letters for:

    The beginning of a sentence. So its Do ger.

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    Mute Ger Comings
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    Jul 6th 2016, 7:40 PM

    Fred – always good for a laugh, just a pity about the ‘under 6′ spelling capability. you’re*****

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    Mute LITTLEONE
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    Jul 6th 2016, 7:42 PM

    Oh the laugh. Ger trying to be smart with his lesson on words , yet he doesn’t even write a sentence right. Cheers for the laugh ger.

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    Mute Link
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    Jul 6th 2016, 7:53 PM

    Get a room already!

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    Mute John Hartigan
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    Jul 6th 2016, 6:22 PM

    Just woke up is it 1848ad

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    Mute Conor O'Neill
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    Jul 6th 2016, 6:18 PM

    Battle of Monaghan . Irish army won ! Defenseless cattle lost !

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    Mute Ted Logan
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    Jul 6th 2016, 6:23 PM

    We need to stop the Fundamentalist Bovines! Well done to the army.

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    Mute Pat Gorman
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    Jul 6th 2016, 6:24 PM

    The Irishman Lord Haw Haw said that the Irish Army couldn’t beat the Tinkers out of Galway.
    Shooting 5 dead cows would suit the feeble Irish Army..

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    Mute Joe Harbison
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    Jul 6th 2016, 6:29 PM

    Did his boss Goebels have anything to say about them as we’re considering the opinions of Nazi apologists.

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    Mute Lorem Ipsum
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    Jul 6th 2016, 7:32 PM

    Lord Haw Haw sided with the Black and Tans and then the Nazis. He’s a double loser, and hardly an expert on military matters

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    Mute Pat Gorman
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    Jul 6th 2016, 8:05 PM

    Just winding you up guys.
    Lord Haw Haw did indeed say that.
    He was usually pissed.
    Listen to his last broadcast.
    .
    https://www.youtube.com/watch?v=S_wYBn_olDg

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    Mute Pat Gorman
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    Jul 6th 2016, 8:17 PM

    In case you get me wrong:
    Lord Haw Haw was a Galway drunk who put on a posh English accent.
    A “useful fool” for the Nazis.

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    Mute Lickmestarfish
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    Jul 6th 2016, 7:35 PM

    Surely if it was tb, the whole herd would need to be killed, not just 5 that wouldn’t fit in the transport?

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    Mute Do the Bort man
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    Jul 6th 2016, 7:44 PM

    no, only the infected animals are culled. Its not like foot and mouth, where animals that are not infected can still carry the infection.

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    Mute P.J. Nolan
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    Jul 6th 2016, 7:17 PM

    @Wayne
    True.
    Worked on a farm in the 90s when I was young where it had happened in the early 60s a whole bunch of cattle hearded down a ramp into a freshly dug whole and shot from the surrounding banks by the army. Never forgot it

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    Mute John Considine
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    Jul 7th 2016, 8:58 AM

    Sounds more like foot and mouth disease?

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    Mute Maurice Murphy
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    Jul 6th 2016, 10:35 PM

    Wake up lads…if some of his an animals were removed and sold the five that were shot didn’t have t.b….all animals from farm would have been quarantined if that was the case

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    Mute Dan Henry
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    Jul 6th 2016, 8:51 PM

    It’s balls of shit if you ask me to bring in our one and only Irish army to shoot five cows well done lads ye deserve a bonus after yer hard days work!

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    Mute Seamus Cummins
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    Jul 6th 2016, 8:19 PM

    I’m sure they only had access to the road because these lads turned up and caused a commotion trying to load the cows and left the gates open , Could have all being avoided if care had been taken carrying out the job, which from the sounds of things none was taken. Also I doubt the farmer would just keep infected cattle with the rest of his heard. The cattle must have been driven so crazy that they couldn’t keep after them so called for backup.

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    Mute Simon Jennings
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    Jul 7th 2016, 12:15 AM

    The army at a repossession !!! This seems to be nuts and sledge hammers

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    Mute Seamus Brady
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    Jul 7th 2016, 1:11 AM

    Emergency culling ? wrong it was a repossession so the army were involved

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    Mute Eamon Mac Gowan
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    Jul 6th 2016, 10:27 PM

    Our brave boys, indeed.

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    Mute Tony Mc Grath
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    Jul 6th 2016, 10:11 PM

    Those cows were shot in the back while running away in a border area. How many more times will this happen until there is a proper inquiry. One can’t blame the locals for having a beef with the security forces. Has this something to do with Brexit. Time to get Vincent Browne on the case.

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    Mute Peter Fechter
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    Jul 6th 2016, 6:32 PM

    I heard they used 4 GPMG’s in enfilade fire….250 rounds each gun only.

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    Mute Joe Joyce
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    Jul 6th 2016, 8:34 PM

    how did they know they had tb, if they had tested them they wernt out off control and could have been brought to the slaughterhouse

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    Mute paddy Jennings
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    Jul 6th 2016, 11:29 PM

    TB what a load of rubbish. Was there not a herd test to determine this…… Defence forces will try to sweep this under the carpet along with the powers that be but hope they get there just deserts.!!!

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    Mute Ros Aodha
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    Jul 7th 2016, 2:11 PM

    From what ive heard AND read, this is a nothing story, Yes it was a repossession, HOWEVER, during the week prior to this, a herd test had been done and the cattle had been identified as having TB. some criminal clown then broke the lock on the gate whilst protesting at the repossession and these cattle were then in danger of entering a public road and causing a car accident or risking cross infection of clean herds in the vicinity. ~Garda operation , army called in, job done, go hug a tree.

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    Mute Paul Radburn
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    Jul 6th 2016, 7:45 PM

    Pork will be eating beef tonight

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    Mute Sean Fallon
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    Jul 6th 2016, 10:07 PM

    It’s a disgrace.. I get to had yo be put down for TB purposes but why not fo it the humane way and bring them to a factory. If you ask me it’s all our army is any good for

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    Mute Sean Fallon
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    Jul 6th 2016, 10:11 PM

    Sorry didn’t check my text.. I get they had to be put down for TB purposes but why not do it the humane way

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    Mute Tony Mc Grath
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    Jul 6th 2016, 10:05 PM

    Those cows were shot in the back while running away near the border, how many more times will this have to happen before there is a proper inquiry. Has this something to do with Brexit??

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    Mute Liam Sheahan
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    Jul 6th 2016, 10:33 PM

    Holy cow

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    Mute alan nolan
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    Jul 6th 2016, 7:19 PM

    Cecil …. outrage Harambe. …outrage A few cows ah well…

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    Mute Lorem Ipsum
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    Jul 6th 2016, 7:30 PM

    That’s because they had TB and had to be culled for the greater good. Cecil the lion was part of an endangered species and killed for the pleasure of killing

    Do you understand the difference?

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    Mute alan nolan
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    Jul 6th 2016, 7:48 PM

    It wasn’t tb it was d e b t that got part of this herd killed……The rest must not have been infected. How did they round up these wild cattle for tb testing

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    Mute Simie Joyce
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    Jul 7th 2016, 6:44 AM

    I’d say that’s the closest “get some” our soldiers will get.

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    Mute Keith Wizzy
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    Jul 6th 2016, 8:19 PM
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    Mute James Onedin
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    Jul 7th 2016, 7:26 AM

    The Army were in the area as part of a joint operation; it made sense to use the available firepower to quickly bring the situation under control. Keep in mind folks, that Monaghan isn’t Grafton Street and there is a completely different set of rules at play in an area like that. Had the cattle been allowed to stray and mix with a clean herd, it would/could have been much worse. Bear in mind also, that ordering the soldiers to cull the cattle would have had to have approval from on high and the military people involved will be making statements and writing reports about this for sometime to come. This action was not undertaken lightly.

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    Mute John Considine
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    Jul 7th 2016, 8:33 AM

    James, good comment, rational and well thought out.

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    Mute mickmc
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    Jul 7th 2016, 8:52 AM

    Rational and well though out comments belong no where on this site or any other forum discussing this story. LOL

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    Mute Ros Aodha
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    Jul 7th 2016, 10:54 AM

    I’ve havent read such a pile of manure in a comments section, in a long time.
    Seems every SJW with a drum to beat is bleating about the big bad army killing the poor furry cows and making sure the banks get the money. FM…. like REALLY? get a grip.

    The one thing that this says to me, is that the majority of commenters here have no conception of the role which the defence forces were asked to play in this action. Its ATCP (Aid to civil authorities) i.e. the Gardai. I note that most have not made the effort to corroborate this story from “multiple” sources and have instead chosen to read this so called “hub” news article.

    Do any of you realise that the cattle had TB, that there a protocols dealing with infected herds that involve escalation up to and including calling in defence forces personnel in this manner. there was resistance to the original (non army involved) operation, then someone cut the chains on the gates to a field in an effort to release these infected animals, The cattle were then at risk of escaping onto public roads and endangering the public, plus raising the risk of infecting other animals with TB, vet was informed, the army were asked to assist and arrived and promptly culled the cattle. Have you any idea how many people die in ireland each year due to cattle accidents etc?

    The army have done this often in the past, culling herds of deer, etc and they were the best people available to the authorities at the time. seriously, at least attempt to do some research before spouting your muck people. or better yet, just get off the internet and give the more rational among us just a modicum of peace.

    better yet, read this
    http://lmgtfy.com/?q=irish+army+marksmen+cull+deer

    And if you’ve any doubt that the army dont know how to shoot something to kill it
    http://www.irishmirror.ie/news/irish-news/watch-american-medias-shocked-reaction-6708316

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    Mute John Considine
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    Jul 7th 2016, 2:32 PM

    Ros, don’t be talking sense, it upsets people.

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    Mute John Reese
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    Jul 6th 2016, 8:34 PM

    Do farmers in Offaly not have their own guns ?

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    Mute John Considine
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    Jul 6th 2016, 9:34 PM

    This was Monaghan. Farmers usually have shotguns, completely unsuitable for shooting a large animal. Why would the farmer in this incident shoot what were his cows?

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    Mute Andy Doyle
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    Jul 7th 2016, 12:47 PM

    Oh FFS, it was 5 cows. More than that have been slaughtered in the time its taken me to write this.

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    Mute Simon Nicholson
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    Jul 7th 2016, 8:15 AM

    Find it unlikely any debt management company would want to seize cattle ridden with TB, wouldn’t make a sound business transaction! Also sure if the herd was infected that they would have passed signage saying so on the gate they cut open as per protocall

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    Mute patricia o gorman
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    Jul 7th 2016, 12:25 PM

    the army are a bunch of gun happy idiots,,,,,they had no right to do this,,,,,there is a procedure in place for destroying animals infected with t b,,,,,,why dont the army do whats expected of them,,,,i hope ireland never goes to war,,,,,it will be like hiroshima all over again,,,,,,

    the army are a constant source of embarrassment …and they have proved that in monagahan,,,,obviously the officer who gave such an order, needs to seek psychiatric help….i pity him,,,,,

    maybe they should read the british army manual for a change…
    the irish free state makes up its own rules without any due respect for the people concerned…

    how would the army members feel if someone entered their properties and shot their dogs,,,,
    they are inhumane .ignorant and maybe should have been left on the dole queue.s why cant the army employ proper personnel .like the gardai …….im sure we are all aware of the type of person and their background the army employed in ireland during the 70.s and 80.s

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    Mute Bo Cianuro
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    Jul 7th 2016, 5:38 AM

    Cowgate

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    Mute Larry Doyle
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    Jul 7th 2016, 10:57 AM

    What really went on down on the farm………https://m.youtube.com/watch?v=aPhWfSeMYHA

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    Mute Paul Cahoon
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    Jul 8th 2016, 9:43 AM

    Killed over a debt dispute. Plain and simple, defence forces , guards and Dept of Agriculture working on behalf of Bank’s

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