Paget Farmer Pleads Guilty To Pig Offences
Pig farmer Daniel Heaven, 37, pleaded guilty in Magistrates Court this morning [July 16] to three charges involving pigs being kept on his farm in Paget.
Mr Heaven pleaded guilty to keeping two or more pigs without the Public Health licence that is required; keeping pigs and causing a nuisance; and being the author of a nuisance by failing to comply with an order to stop causing a nuisance. These offences occurred between September 2013 and April 2014.
Heaven’s lawyer told Senior Magistrate Archie Warner that the puddling of water and the existence of pig smells were natural phenomenon for which his client could not be penalized. He said that the topography of the land meant that rainwater would pool and remain until it dried up or drained away through the soil; and that there had been heavy rains during the period.
The Prosecutor told the Magistrate that the maximum penalty for this kind of offence was $4,000. However, the DPP Prosecutor said that after speaking to the Environment Officer from the Health Department, the DPP Prosecutor told the Senior Magistrate that the DPP would be happy with Mr Heaven being ordered to comply with Section 55(2) of the Public Health Act.
The Senior Magistrate had observed that to the best of his knowledge, farms generally, and pigs in particular, always came with natural odours.
The Senior Magistrate agreed with the DPP Prosecutor and ordered that Mr Heaven should comply with Section 55(2) of the Public Health Act 1949. Essentially, this requires Mr Heaven to work closely with the Environmental Officers of the Department of Health.
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This little piggy went to the market, this little piggy stayed home, this little piggy had roast beef, this little piggy… No wait this guy only had three.
Some cases that go to court. Just a Waste of piggin time.
There were three charges… that does not mean there were only 3 pigs….
Judge let him off light but I would bet if he lived next door it would not be the same!!
I know he’s just trying to bring home the bacon but those little piggies must have thought they’d died and gone to Heaven.
This case must seem very trite to those who have not had to endure the stench of pigs, ducks or any other animals if kept on bordering property to their own.
These people have no idea of what it takes to get the wheels of the Health Dept, Planning or any other dept to turn to get rid of the problem. It can take years.
Meanwhile you cannot enjoy the outdoors of your own property because of the smell &/or noise.
Wonder what the penalty would be if the judge had to live next door to those pigs for years while Government departments passed the buck of responsibility.
No, I am not a neighbour of these pigs but I once did have a neighbour who had over 70 ducks, mostly semi wild mallards that he kept. It took years of persistant pushing of Government department to get him to court.
You are right. I notice that even in this case he avoided the fine. In the meantime his neighbours lived with the stench for months.
People are so quick to forget that almost every house had pigs, goats, cows, chickens, etc in Bermuda. You all must smell like a bunch of roses when you go to the toilet. FYI, the land that these pigs are kept on was used as farmland before and is still going to be used as farmland. When you build next to a farm expect to get what comes with the territory.
I agree farmer !!! Farms feed our cities !! Amarals probably the best
Laws against pig keeping were introduced in the 1950s because of the odour and fly problems at that time.
I don’t think anyone would object to farming however the land in question has never been used to keep animals before, and I think the neighborhood and general public have a reasonable expectation that laws will be complied with and nuisance avoided.
I don’t think anyone who buys or builds near agrioultural zoning should have to put up with an illegal pig farm.
And what happens when your neighbor decides to breed and kill pigs AFTER you build your house?
Get you facts straight @somuchless. There were over 30 pigs in the back yard at one point along with tens of other animals, including rats, mosquitos and flies, and with crap everywhere!