I’ve been kinda lazy recently in the writing department but if you’re a regular reader you’d have guessed that already. I’ve been kinda busy at work and I’d also had a week away on holiday north of the border which was nice as for once the weather up there was a lot better than down south, plus I got climb a mountain which isn’t something you get to do very often.
While I was away the case of the South Herefordshire Hunt fox cub killers finally reached it’s conclusion. Here was a case that had been dragging on as long as my own one against Fitzwilliam but for very different reasons. The Hunt Investigation Team had secured some very damning evidence against the accused and it did finally get to court although it has now come to light that the reasons behind the delays were insidious to say the least.
There was a concerted effort by some individuals within West Mercia Police to make sure those responsible for the heinous crimes against those fox cubs would never see the inside of a court room. Follow this link for a personal account by Jane Barradale-Smith who is the wife of the officer who received the bodies of the dead foxes.
The highly questionable warrant issued to search premises
The case was very widely reported in the national press and TV with the main focus not just on the convictions but the totally laughable sentences handed out with probably the best article in the Independent. It’s a sad indictment of our legal system that the people responsible avoided a custodial sentence and were in fact not even banned from keeping animals in the future. This is no deterrent at all and another reason in a long list that we need a complete overhaul of sentencing options for hunting and animal cruelty offences along with judges who are prepared to give the maximum sentences where appropriate.
The so-called Countryside Alliance had kept very tight lipped over the whole affair but once the guilty verdicts was announced they were forced into making a statement and it was predictable to say the least.
This is of course a load of unmitigated clap trap. Dim Bonner knows full well this isn’t a case of “Bad Apples”, as far as he’s concerned (and no doubt many other hunts around the country) the stupidity he’s referring to is simply that they got caught. This kind of thing is nothing new. Hunts have always historically provided foxes to be hunted and have no doubt been involved in similar activities to the SHH since hunting with hounds began. Lets not forget the Belvoir Hunt had a fox kept in an outbuilding ready to be hunted, a member to the Fitzwilliam was convicted of keeping a fox in a barrel and last NYD the Kimblewick were filmed dragging a fox from a false earth and throwing it in front of the hounds (which we’ve heard nothing from Thames Valley Police about since).
Speaking of bad apples, below is the statement from a the This is Hunting UK facebook page.
Pfft, “untypical” my arse. It’s all very well and good claiming they have nothing to hide but kennel open days are nothing more than promotional stunts designed to encourage more people to come hunting and they certainly won’t get to see what really goes on behind the scenes. If they really want to be open about what they do just publish the meets along with trail maps so we can all go along and watch them follow these mythical trails. Maybe we can ride with a terrier man and ask him what the terriers are for if the hunt is genuinely following a trail and do they really get that much dust up their noses while mending fences that they need to keep their faces covered. And we haven’t even mentioned “Autumn Hunting” (cubbing) yet.
Nothing whatsoever to hide?
What an absolute load of bollox.
SHH images courtesy of HIT.
Progress, Case Law & Laughs
Posted: July 1, 2019 in CommentTags: BBC, Countryside Alliance, Countryside Rally, Falconry Exemption, FieldsportsChannel.tv, Fitzwilliam Hunt, Hunt Saboteurs, Hunting with Dogs Act 2004, Kimblewick Hunt, Thames Valley Police, Tim Bonner
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.