MLC David Anderson says he is a ’surprised and dismayed’ at reporting of an Freedom of Information inquiry about pollution investigations at a farm he owns.

The FoI response, as accurately reported by the Examiner, stated that DEFA has records of 16 incidents of farm waste entering the Barnel Stream from Ballamoar Farm being investigated since 2010.

But Mr Anderson, who owns but no longer farms at Ballamoar Farm, Patrick, says the FoI response - and newspaper coverage - should have referred to pollution ’allegations’ not ’incidents’.

He said: ’I was surprised and dismayed to read not just a headline on the front page but also an article that appeared to attribute guilt by association to me in my political role, based on a number of allegations of river pollution connected with a farm which I own, but do not currently farm.’

He said the failure to carry any current comment ’to provide objectivity or balance’, was ’extremely disappointing and surprising’.

Mr Anderson said the FOI request referred to the number of ’incidents’ investigated by DEFA but insisted the report should have referred to ’allegations’ not ’incidents’ since, to the best of his knowledge, only one of the 16 allegations was substantiated.

He said: ’A prosecution, particularly a successful one, is a matter of public record and therefore it was wholly unnecessary to make it the subject of an FoI request.

’However, for the record, and as reported in your paper at the time, a company of which I am a director, was prosecuted after the company voluntarily and immediately advised DEFA of a regrettable incident wholly attributable to human error, where pollution actually took place.

’As reported by you at the time, I expressed my disappointment that a prosecution ensued and the fine which did not appear to take into account the fact that Anderson Farms Ltd reported the incident itself, and readily admitted the mistake made by its employee.’

Mr Anderson said the FoI request and response make no mention of any individual, but refer to a farm and to a river.

He said: ’You have chosen to make the connection to me, have elaborated that connection by referring to my being a member of the Legislative Council but have failed to explain the relevance of that connection or that I am not actually involved other than as landlord.’

Our report explained that the spillage, which led to the prosecution, took place in 2012 when a flap gate from the slurry tower was accidently left open by an operative.