SHG Press Release - EQUINE LAWYERS HAIL AN HISTORIC VICTORY AGAINST RSPCA
Fenris
The Self Help Group for Farmers, Pet Owners and Others experiencing
difficulties with the RSPCA (The SHG)
Press Release
For Immediate Release
7th April 2008
EQUINE LAWYERS HAIL AN HISTORIC VICTORY AGAINST RSPCA
ALL SPINDLES FARM “RESCUE” HORSES TO BE RETURNED OR SOLD
The action for the return of his horses brought by James (“Jamie”) Gray
against the RSPCA has taken a dramatic turn.
All twenty nine donkeys and Shetland ponies which the RSPCA seized must
be returned to the Grays, as the court ordered, “forthwith”.
The remaining ninety-six animals, including some valuable thoroughbreds,
will, as Mr Gray’s lawyers requested, be sold at auction.
Commenting on the court’s findings, Anne Kasica of the SHG said:
“Despite the case having been made a “cause celebre” by the RSPCA’s Head
of Media, Henry Macaulay, the RSPCA faces yet another public relations
disaster following Judge Sandeep Kainth’s ruling on Friday in Oxford.”
“This is an enormously positive ruling. It shows that the RSPCA’s whole
approach to welfare cases is wrong - it will not accept advice from
independent vets, for fear that they might say something it doesn’t want
to hear.”
“The RSPCA prefers to take its aggressive courses of action, no matter
how unreasonable and wasteful they might be, just as long as they
increase the pressure on defendants.”
“Let us hope that this result will force the RSPCA to reconsider its
belligerent approach to cruelty cases.”
Referring to the claim by Kirsty Hampton of the RSPCA that they had
intended to ‘seek new owners’ for these horses before trial, Ms. Kasica
went on to say:
“This is laughable. The RSPCA only “seek new owners” when they have a
court order for confiscation following a successful criminal prosecution
- so they can ‘rehome’ expensive animals with ‘acceptable’ people for a
substantial ‘donation’ and then try to recover huge boarding costs from
the defendants.”
“As a result of the RSPCA’s refusal to deliver up any of Mr. Gray’s
animals the RSPCA faces another huge costs bill from its own lawyers – a
specialist firm instructed privately to present the RSPCA’s case.”
“And yet the RSPCA accepted that all of the donkeys and ponies which
have been ordered back were in "good condition” and claimed that they
were seized, not because of their condition, but because of “concerns
about Mr Gray and his family”.”
“As to the remainder, there was, the judge rightly ruled, “no evidence
to show they were in any danger" and that a sale at auction was a
respectable, and traditional, way for horses to change ownership.”
“The idea of a sale in this case never arose until Mr Gray’s
application, and then the RSPCA resisted it. The RSPCA’s idea was to
ensure that Mr Gray never got any money for his investment in the
horses, and that he should face a massive costs bill.”
“Kirsty Hampton is well-known to us. She has been involved in
considerable controversy and was responsible for making serious and
untrue allegations of cruelty against Mr and Mrs David Burden.”
“In their case, the RSPCA organised a meeting of witnesses, at which the
RSPCA ghosted a report which was later claimed to have been written by
an ‘independent expert’ in sheep. Ms Hampton was present at that
meeting, and her case against the sheep farmers was thrown out.”
Ernest Vine, also of the SHG, said:
“There are countless defendants who are experiencing massive
high-profile seizures by the RSPCA, who are very aggressive and threaten
massive costs orders against them, whilst engaging in a huge media
campaign to increase the pressure still further.”
“For those still awaiting a private prosecution for cruelty by the
RSPCA, which usually takes six months to emerge, this must be very
heartening news.”
“Only this week David and Margaret Heading have had over a hundred
cattle seized from them by the RSPCA from East Farm in Thetford.”
“Their animals were transported to ‘a place of safety’ by the RSPCA and
I understand that, as with Jamie Gray’s case, the RSPCA have not yet
suggested their sale.”
Mr. Vine concluded:
“The court in Mr. Grey’s case may have been persuaded to make the order
by the fact that the RSPCA claimed to have spent an incredible £153,000
boarding his animals so far.”
“Evidence given during the hearing by independent equine specialist vet
John Parker contrasted starkly with the RSPCA’s highly prejudicial
press-releases.”
“Mr. Parker stated that none of the horses, donkeys and ponies had been
"caused unnecessary suffering”, although some animals had arrived at Mr
Gray’s farm “from a semi-feral origin”. He found the bedding and general
condition of the farm to be of an "extremely good quality." And when
asked if he believed any animals would be at risk of cruelty if they
were returned, Mr Parker simply said "No".”
“The RSPCA is now under severe pressure to withdraw its private
prosecution against the Grays who face allegations of animal cruelty.
They are due before Oxford Magistrates on 28 April 2008.”
The RSPCA is believed to be considering an appeal against Judge Kainth’s
ruling.
Ends
Word Total: 798
Notes to Editors: -
1. The result is another landmark victory for Jacqui Fulton, of Blythe
Liggins, who has represented Mr Gray and his family throughout
2. The RSPCA spends 44% of its annual income of over £100,000,000 (one
hundred million pounds) on its prosecutions department.
3. In the light of Judge Kainth’s findings, the RSPCA, which claims to
apply the Code for Crown Prosecutors, will have to satisfy Sally Case,
Head of Prosecutions, that it has considered whether each of the
allegations stands “a reasonable prospect of success” and is “in the
public interest”.
4. The RSPCA is a private body so there is no mechanism to challenge the
decision which Ms Case reaches.
5. Mr. Gray’s animals had been placed with organisations such as the
International League for the Protection of Horses (ILPH) and Redwings,
with whom the RSPCA has a special relationship and with whom it worked
on the raids which it conducted against Mr Gray.
6. Many of Mr Gray’s animals were seized on advice from “independent
expert” Nic de Brauwere, who is Head of Welfare at Redwings. Mr de
Brauwere claims to have been on hundreds of “unannounced visits” with
the RSPCA. He was severely criticised by District Judge Philip Browning,
when the RSPCA’s private prosecution against Gina and Martin Griffin was
thrown out in Norwich.
7. Launching the RSPCA’s usual attack on judges who have found against
them, Kirsty Hampton, who was responsible for the raids, said:
“The decision to return the horses to the Grays is devastating. We had
hoped that the court would ask us to seek new owners for them who were
guaranteed to provide for their future welfare. An open sale to an
unknown bidder means that we cannot be sure of the level of future care
they will receive.”
Useful Contacts:
Jacqui Fulton at Blythe Liggins: 01926 831 231 or j...@blytheliggins.co.uk
Henry Macaulay, RSPCA Head of Media: 0300 123 0304 or hmac...@rspca.org.uk
For further comment please contact Anne Kasica on 01559 371031 or Ernest
Vine on 01559 370566. Mobile 07719 367148. e-mail: s...@the-shg.org
The SHG was officially formed in June 1990 and has been helping people
to defend themselves and their animals from the RSPCA ever since.
The national help line number is 08700 72 66 89
A copy of this and previous press releases from The SHG are online at
http://www.the-shg.org/SHGPressReleases.htm
Background information on the Self Help Group for Farmers Pet Owners and
Other Experiencing Difficulties with the RSPCA can be found at
http://www.the-shg.org
Details of further criticisms of the RSPCA can be found at the
RSPCA-Animadversion website: http://cheetah.webtribe.net/~animadversion
References:
Rescued ponies ordered to be returned to family
BBC News, UK - 15 hours ago
James Gray, 44, Julie Gray, 40, Cordelia Gray, 19, and Jodie Gray, 25,
all of Spindle Farm, deny 12 charges. Deputy District Judge Sandeep
Kainth agreed to ...
http://news.bbc.co.uk/1/hi/england/beds/bucks/herts/7331606.stm
Judge orders immediate return of donkeys and ponies
Buckinhamshire Free Press, UK - 18 hours ago
The farm's owner, James Gray, had made a formal application to have the
animals returned. But the judge also ruled that around 80 horses that
were removed ...
http://www.thisisbucks.co.uk/display.var.2173696.0.judge_orders_return_of_donkeys_and_ponies.php
Only eight horses seized by RSPCA were at risk
Buckinghamshire Free Press, UK - 21 hours ago
By Andy Carswell A vet who examined more than one hundred horses seized
from a farm, has told a court he believed only eight were at risk. ...
all 12 news articles »
http://www.thisisbucks.co.uk/mostpopular.var.2172474.mostviewed.only_eight_horses_
seized_by_rspca_were_at_risk.php
or
http://tinyurl.com/6y3h9s
Five accused over cruelty
The Sun, UK - 17 Mar 2008
They are alleged to have caused unnecessary suffering to 125 horses,
ponies and donkeys. They will appear at Oxford Magistrates’ Court on
March 27. ...
http://www.thesun.co.uk/sol/homepage/news/article927841.ece
Spindles Farm horses have not been returned says RSPCA
7 Feb 2008 ... The RSPCA has quashed rumours that 20 horses have been
returned to Jamie … no information to suggest that we are giving, are
going to give or have given any horses in this case back to either Jamie
Gray or his family," said an RSPCA spokesman …
www.horseandhound.co.uk/news/article.php?aid=178476 -
RSPCA rescue 100 cows near Thetford
Norfolk Eastern Daily Press, UK - 31 Mar 2008
A major animal rescue operation is under way following concerns about
the welfare of a herd of cattle on the Norfolk-Suffolk border. The RSPCA
today ...
http://new.edp24.co.uk/content/news/story.aspx?brand=EDPOnline&category=News&tBrand=EDPOnline&t
Category=news&itemid=NOED31%20Mar%202008%2018%3A50%3A53%3A480
or
http://tinyurl.com/58xpbf
Victims of RSPCA bite back - Telegraph
2 Mar 2008 ... Victims of RSPCA bite back … Florry, which had been with
Martin and Gina Griffin's family for 20 years. The RSPCA ...
www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2008/03/02/do0202.xml
--
Fenris Wolf
RSPCA-Animadversion
http://cheetah.webtribe.net/~animadversion/
SHG