NFU welcomes high court decision in sheep transport case

The NFU has welcomed a decision by the High Court to quash the convictions of a farmer and haulier who were prosecuted by Trading Standards and hopes the case will improve the way evidence in transport and welfare cases is dealt with.

The farmer was prosecuted for permitting unnecessary suffering to sheep and permitting unfit sheep to be exposed to sale in 2004 and the haulier was prosecuted for transporting sheep not fit for the intended journey. Both categorically denied causing any unnecessary suffering to the animals and pleaded not guilty to the charges.

The men, who are both NFU members and also subscribe to the Legal Assistance Scheme (LAS), appealed to the High Court, using Roythorne & Co Solicitors (the NFU panel firm) and with substantial financial assistance from the LAS. They argued that the magistrates were wrong not to have stayed the case as an 'abuse of process'.

A Defra vet inspected the animals at the market and decided their condition meant they should be slaughtered and the slaughter went ahead without the farmer being informed. The carcasses were not retained and neither the farmer nor his vet were given the opportunity to examine the sheep or carcasses at any point.

The High Court found that Trading Standards officers were in breach of their duty to preserve material evidence that may be relevant to an investigation. The court ruled the men were severely handicapped in mounting a challenge to the evidence given by the Defra vet and a fair trial was not possible. Both had their convictions quashed last Thursday (February 8).

Following the decision, the farmer involved said: "This case has been rumbling on for the last three years and has put tremendous pressure on us and our businesses. It has really been the NFU, through its Legal Assistance Scheme, that has stood by us during these difficult times, and we are very appreciative of the support."

The haulier added: "Given the high legal costs in such actions, we could not have proceeded with the High Court appeal without the financial backing of the LAS. It's definitely worth subscribing to."

Regina Owusu, LAS manager, said: "The legal board was keen to support the case as it raised a very important issue that has widespread implications for the industry, and we are therefore very pleased with the outcome."

Julie Robinson, chief legal adviser at the NFU, said: "This is a welcome decision by the High Court. It is not about animal welfare, it is about the basic right of a defendant in a criminal case to be given the opportunity to examine the evidence on which the prosecution is relying. Without such an opportunity, farmers are hampered in defending their case. To have a criminal conviction for animal welfare offences is a serious blot on any farmer's copybook."