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An “unrepentant” Mangakino farmer has been jailed and banned from farming animals after being found with hundreds of starving cattle and sheep, some near death, injured or deformed.
Warren Koberstein is 75 and has been a farmer for 40 years. But Rotorua District Court Judge Tony Snell has jailed him for two years and four months and ordered he not own farm animals or be in charge of anyone who looks after farm animals again.
Koberstein was sentenced on Friday after being convicted of animal cruelty charges in March.
Farmer Warren Koberstein has been sentenced for ill-treating animals. Photo / Andrew Warner
A jury found him guilty of 11 charges laid by the Ministry of Primary Industries.
He was found to have wilfully ill-treated 33 sheep that had to be destroyed to end their pain and distress, and failing to ensure proper and sufficient food for 834 pregnant sheep, 86 cattle and 32 heifers.
Other charges related to sheep that were found cast (stuck on their backs) with their eyes pecked out by hawks, one that had a deformed neck and was not able to eat properly and another that had an injured foot and was moving around the paddock on its knuckle.
Judge Snell said he saw the offending as serious, as it involved hundreds of animals in very poor to extensively poor body condition who suffered over a lengthy time. Despite numerous warnings and previous convictions for similar offending, Koberstein “buried his head in the sand”.
“You showed little or no insight and are unrepentant.”
Judge Snell gave a prison starting point of two years and 10 months. He discounted the sentence by six months (or 17%), including 5% each for Koberstein’s age and good character and 7% for procedural delays in the case.
He said he could give no discounts for plea, remorse and rehabilitation prospects and did not increase the sentence for Koberstein’s previous convictions.
Warren Koberstein has been jailed for animal cruelty. Photo / Andrew Warner
What Koberstein did
Judge Snell detailed the case during sentencing saying the ministry executed a search warrant on July 29, 2019 following a complaint.
Aside from hundreds of sheep and cattle in serious physical condition, inspectors noticed insufficient grass to feed the animals in the coming weeks. In the following days, animals had to be destroyed to end their suffering.
Prosecutor Anna McConachy, who was assisted by Kris Bucher, said Koberstein was worried about his “bottom-line” and it saw him neglect his stock while following chronic underfeeding and overstocking farming practices.
She suggested to Judge Snell a prison starting point of three-and-a-half years’ prison and indefinite disqualification from farming.
McConachy asked the judge to be cautious about any suggestion Koberstein had good character.
She said he had a conviction from 2008 for assault against a farm worker, which he unsuccessfully appealed.
Koberstein was also convicted in 2018 for animal cruelty charges relating to sheep with fly strike brought against him under the Animal Welfare Act.
Warren Koberstein on trial in the Rotorua District Court in March. Photo / Andrew Warner
Koberstein’s lawyer, Fletcher Pilditch KC, said it was difficult to understand the reasons for Koberstein’s offending and he still had a lot to offer, including farming knowledge.
He noted Koberstein and his wife had raised four high-achieving children and Koberstein had served his community, including being a previous school board chairman and treasurer, and helping workers on his farm.
Judge Snell noted a pre-sentence report writer said Koberstein still disputed he did anything wrong and underestimated the pain and distress he caused to the animals.
The report writer said Koberstein disregarded authority, disputed his poor management practices and failed to take responsibility.
“You make a point of expressing your contempt for the Ministry of Primary Industries.”
The judge’s sentence
Judge Snell said he accepted the Crown’s case and said it was unacceptable behaviour.
He said relating to the 33 sheep, it would have taken a considerable time to reach such an extreme emaciated state.
He said Koberstein’s farming practices showed poor management, a failure to match his feed to what was required, a failure to destock when he realised he did not have enough farm cover and a failure to feed out supplementary feed.
The judge did not accept drought conditions could be blamed, saying farmers always had to adapt to changes in weather conditions.
The final sentence included two years and four months’ jail for the lead representative charge of wilfully ill-treating an animal.
He sentenced Koberstein to 10 months’ imprisonment on five other charges of ill-treating an animal, six months’ imprisonment on a charge of reckless ill-treatment of an animal, six months on a charge of keeping an animal in unnecessary pain and seven months on each of three representative charges of failing to comply with obligations under the Animal Welfare Act to ensure the physical, health and behaviour needs of the animals were met.
All prison terms were to be served concurrently, meaning his end sentence is one of two years and four months’ jail.
Judge Snell also ordered Koberstein to pay costs of $15,865.05 to the Ministry of Primary Industries, which included veterinary expenses.
He said given the serious circumstances, he agreed with the Crown that Koberstein should be indefinitely disqualified from farming all animals.
The only animals he is allowed to keep are family pets at his home.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
