Farmer Wins Case Against Trading Standards
Farmers may have a defence when prosecuted for causing unnecessary harm to livestock following a recent court case advises Neil Scott of South West law firm Foot Anstey.
The case focused on animal welfare when a local farmer’s sheep were taken to market. Inspectors alleged that the animals were unfit for sale and that transporting them to market had caused unnecessary suffering. They issued notices requiring that they be slaughtered on site or taken to the nearest abattoir.
The farmer, who was adamant that the animals were fit and well, was not present during the inspection nor when the animals were slaughtered. He was instructed to collect the carcasses for disposal but wasn’t warned that he could be prosecuted by local authority officials. The law places no specific requirement for a warning to be given.
Having disposed of the evidence he was later prosecuted by the local Trading Standards for a number of offences, including causing unnecessary suffering. Because the farmer had not been present and was not aware of the possibility of prosecution he was prevented, through no fault on his part, from having the opportunity of being able to present his own evidence of the condition of the animals to the Court.
Neil Scott said “We argued successfully that there was abuse of process on the part of the prosecution which prevented the farmer from receiving a fair trial. As a result the case was discontinued.
“This cases emphasises the point that the enforcing authorities must ensure the owners of livestock are available before any action is taken.”
Published 25/06/2007
