A Cumbria farmer who was found guilty of two charges of intentionally disturbing the nest of a pair of breeding ospreys has had his conviction quashed.
59-year-old Paul Barnes faced charges of intentionally or recklessly disturbing an osprey while it was on or near a nest containing its eggs or young in 2017.
He was alleged to have driven his tractor and trailer with a group of children close to the Bassenthwaite site in June 2017, scaring the birds of prey from their nest.
Ospreys are protected under the Country and Wildlife Act 1981, meaning it is an offence to disturb the bird on or near its nest.
However, the Lake District-based farmer has always strongly denied the two charges.
Despite this, Mr Barnes was convicted following a court trial in August 2018. He lodged an appeal.
But a judge at Carlisle Crown Court ruled on Friday 22 March 2019 that the incident was an 'agricultural disturbance' and not a crime.
Judge James Adkin said: “An individual in authority told Mr Barnes to carry on farming as usual.
“Observations had been undertaken of (nest) disturbances not wholly dissimilar to the current circumstances - in some cases arguably worse. They are characterised as agricultural disturbances and not criminal offences.
“Combined with these features there has been a lamentable failure by the prosecution to adhere to the (legal document) disclosure regime,” he said.
Mr Barnes - a farmer for 35 years - spoke of his joy after 'emerging from 18 months of turmoil' which had a 'massive impact on family life'.
