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Posted: 2022-11-21 03:02:59

Dozens of cattle, including some that were crushed or dying of hypothermia, were left waiting for help from vets for more than six hours after a deadly Bass Strait crossing, a court has heard.

Ship master John McGee today pleaded guilty in a Tasmanian court to one count of using a method of management likely to result in unreasonable and unjustifiable pain and suffering over the 2016 voyage in the MV Statesman.

A total of 207 cattle were on board the Statesman, which left Stanley in Tasmania's north-west in January 2016 for Port Welshpool in Victoria in bad weather.

The court heard the weather conditions on the trip ended up being worse than forecast, with the cattle open to the elements, including thunderstorms and gale force winds during the voyage.

Three large rogue waves, more than six metres high, smashed into the pens the cows were in.

Ten of the cows died during the crossing and another 59 had to be euthanased at port.

A ship docked at a wharf
The MV Statesman made the Bass Strait crossing in rough weather, leading to dozens of cattle deaths.(ABC News)

The Burnie Magistrates Court heard port authorities prevented the cattle from being unloaded until the situation was assessed by Victorian animal health authorities, which did not occur until more than six hours after the ship arrived.

Crown prosecutor Madeleine Wilson said the delay "may have led to an increase in the number of cattle that had to be euthanased".

The court was told the weather conditions made it too dangerous for crew to go onto the deck to help the animals.

Some of the cattle were crushed to death beneath others, while others suffered from hypothermia.

McGee felt 'pressure' from ship's owner, court hears

Ms Wilson said by making the decision to depart, the ship's master, Mr McGee, exposed the cattle to the impacts of the severe weather.

"It is accepted the defendant did not intend or foresee the pain the animals endured," she said.

Les Dick
Shipping owner Les Dick, who has since died.(ABC News)

The court heard Mr McGee was instructed to sail by the ship's owner Les Dick, who has since died, even though he raised concerns about the weather.

Defence lawyer Peta Smith said she accepted Mr McGee had the final decision but there were "external pressures" from Mr Dick.

"He was quite the formidable figure and he told him to go," he said.

"It was a hard decision and despite his years of experience, he made that call and unfortunately it was the wrong one."

Ms Smith said the unexpected weather and the delay in vets arriving was out of Mr McGee's control.

"What did occur was a series of truly unfortunate events," she said.

The charge against Mr McGee is the only one left stemming from the incident, with charges dropped against several other co-accused.

He will be sentenced in January.

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