It turned out to be quite an eventful week, after writing my initial blog post there was movement on that particular case and the 2 terrier men from the Kimblewick Hunt were charge with causing unnecessary suffering to a protected animal. Once this was confirmed I pulled my post as there was no need to rock the apple cart with regards to Thames Valley Police any further.
What was slightly annoying was how the case was reported in the press. The BBC‘s short article was pretty typical with only the most basic of facts reported but it, like most of the others singularly failed to mention that the accused were taking part in an organised hunt and were in fact employees of the Kimblewick.
We can probably imagine the damage limitation exercise currently being undertaken by the that particular hunt as we speak and no doubt the 2 accused will be dropped faster than a hot potato. As usual the so-called Countryside Alliance’s head moron, Timbo Bonner has once again been deathly silent on the matter. One wonders if there’ll be more “bad apples” claims if they get convicted. The whole cider barrel is starting to look significantly acidic. All the fruit in the CA’s sphere would appear to be rotten, but we knew that anyway.
Moving on from that I finally received the written ruling from the Fitzwilliam case. It was very interesting reading it’s contents as I had missed that day in court due to illness. This will of course provide the basis for any future cases against hunts that pretend to use the Falconry Exemption within the hunting act.
The ruling itself is 15 pages long so I’ll spare you all the details but the most salient points within the ruling were well worth the wait. It defines what is to be considered “flushing” and the differences between that and hunting and how they can, in certain circumstances overlap. It also defines what is “cover”. This was a much argued point in the court case and now both of these have been defined there can be no further disagreements in a court of law. Essentially cover can be pretty much any vegetation and flushing is not pursuing. If the hounds are chasing the animal they are hunting it.
There were also some other interesting points to note:
“Now, we heard some evidence about the history of the Fitzwilliam Hunt and the court understands that the huntsman in this case would want to use the existing pre 2004 infrastructure where possible. However, the Act was designed to change behaviours. Protecting and maintaining the infrastructure for posterity, no matter how laudable, cannot be a legitimate reason to use behaviours which do in fact break the law or do intermittently break the law.”
George Adams – Guilty
Tradition isn’t a defence for illegal hunting.
Judge Cooper continues:
“We note that the dogs were not called off the chase of the fox at any relevant point, with none of the three controlling riders, including George Adams, even closely present, nor was there any communication between the three of them, nor were any of the three capable of intervening at the moment when the fox met its end . . .”
In normal hunting cases the main point to prove is intent, however in this case the intent would appear to be given and lack of hound control is an offence in itself.
“Now, as the death of the fox demonstrates, we find that as a fact the hounds were not under meaningful control. We note our observation that since 2004 they had not been trained in fact to desist the chase, nor trained to desist from touching the prey if they caught up with it. From the point at which the fox broke away from the copse, to the time the dogs killed the fox, Mr Adams exerted no effective control of the dogs involved in the chase, nor direct others to do so”.
John Mease’s claims that the sabs present on the day were the reason he failed to release the bird were rejected out of hand, leaving the judge to draw his conclusion.
“Now, from the moment the fox – the hounds left the copse in visual pursuit of the fox, they acted in accordance with their breed instinct, as we have been told. They were unchecked and that instinct was to hunt and ultimately kill the fox.
We acknowledge that there might conceivably have been an opportunity earlier to deploy the bird as the fox broke diagonally across the field, but it was the very presence of the dogs, uncontrolled and chasing the fox up the riverbank and across the field that would in practice have prevented John Mease deploying the bird of prey. To the extent that John Mease blames the presence of saboteurs for not doing so, we reject that evidence as a complete account of his failure to slip the bird and, in conclusion, the presence of a bird of prey, close by and ready to join the hunt if the fox did go into open ground, makes no difference to the essential nature of what occurred during those particular five minutes and, in particular, the moment when dogs ran across open ground behind George Adams in pursuit of a visible fox in the open, unchecked by him. So we conclude that this was not exempt hunting, it was hunting by dogs”.
The presence of a BoP does not constitute exempt huning
The final comments will have a profound effect on this particular exemption and I’ll confirm my original assertion that this will indeed be the end of mounted hunts using the falconry exemption.
“Now, the pursuit of a fox by uncontrolled dogs over open ground is behaviour which in itself constitutes the offence. The presence of the bird provides no defence at all”.
Finally we all had a bloody good laugh at the pro-hunting and killing brigade over the weekend with the complete and utter failure of their Countryside Rally in London. Organisers were claiming they were going to get 100,000 people attending and had spent over £17K on organising the event.
That’s a lot of money to spend for the 50 people who actually turned up (and that’s an optimistic number).
Look at the crowds, oh wait . . .
It was a hot day after all and FieldsportsChannel.tv tried to put a brave face on it and claimed 150 people attended. Even if that was the case it’s still a desperately poor turnout when they were expecting 100,000.
Always nice to end on a high point.
Nick Herbert – the Countryside Alliance’s New Chairman
Posted: October 15, 2019 in CommentTags: Beagling, British Field Sports Society, Countryside Alliance, Hunting with Dogs Act 2004, Minister for Policing and Criminal Justice, Newmarket Beagles, Nick Herbert, Simon Hart, Tim Bonner, Trinity Foot Beagles
Simon Hart MP is (in my opinion) a particularly odious character and was the Chairman of the Countryside Alliance prior to his appointment as Minister of Implementation within Boris’s self serving (and hopefully temporary) Government. This clearly left the CA with a position to fill and we now know who that will be.
Nick Herbert MP is a former Minister for Policing and Criminal Justice (May 2010 -Sept 2012) and was also the Shadow Secretary of State for Environment, Food and Rural Affairs. He’s currently the MP for Arundel and South Downs in West Sussex. As you would expect from a Tory he’s Cambridge educated where he read law and land economy but more importantly we was the director of public affairs for the British Field Sports Society (the forerunner of the the Countryside Alliance), a post he held for 6 years.
So are are we to make of this appointment?
Obviously his past demonstrates he is deeply entrenched within the hunting and shooting set and his time as director of public affairs at the BFSS would suggest he should know what he’s doing with regards to PR however the current CEO of the CA, Tim Bonner is a complete loon who constantly scores own goals with his irrelevant and nonsensical ramblings on social media. One wonders if Nick will be able to put a leash on him?
A little bit of digging would show Nick to be the previous Master and Huntsman of the Newmarket Beagles and also the Trinity Foot Beagles, a pack I have been involved in preventing hunting several times. For those that don’t know beagling is the hunting of Brown Hares with beagles. The hunt staff still dress up in stupid costumes but they hunt on foot. A hare will always be able to outrun a beagle (even though hunting beagles are very fast) however they don’t have the stamina of the hounds and as they are reluctant to leave their territory will also tend to run in large circles. In the end they will run out of puff and be pulled apart by the hounds. Beagle packs can kill many hares in an afternoons hunting (more info here).
How anyone can take any pleasure in watching this majestic animal being tormented and killed in such a manner is beyond most normal peoples comprehension but Nick himself describes this as some sort of addiction.
So it should come as no surprise then that Nick loves a bit of animal abuse and during David Cameron‘s time as Prime Minister he held the post of Minister for Police and Criminal Justice, which made him responsible for the policing of the Hunting Act. No doubt one of the many reasons why there was so little action from the police when a staunch hunting advocate was dictating Government policy on the situation.
In a statement about his appointment to the CA Nick states:
“The Countryside Alliance is one of the UK’s biggest campaigning groups, and its mission to stand up for the countryside and the rural way of life has never been more important. I am passionate about these issues, and I’m honoured to be taking up this role at such a critical time for the countryside. Having been involved in creating the movement some years ago it feels like I’m coming home.”
It’s pretty standard stuff but he’s right about the time being critical, not just for the countryside but for hunting itself. Beagling especially is a dying blood sport, those taking part are all facing their dotage and packs are going to the wall (see here). In a time where the biodiversity of our country is at an all time low and the pressures on our wildlife are increasing all the time it’s pretty sad that an organisation like the CA even exists, and while they may claim to represent the countryside as a whole we should never lose sight of the fact that their primary objective has always and will always, be the promotion of hunting and the repeal of the Hunting Act.