Team Fox

The case management hearing relating to six members of the Lamerton Hunt being prosecuted by the League Against Cruel Sports for S1 Hunting Act offences was due to be heard on the 9th January 2015 at Torquay Magistrates' Court but had to be adjourned until the 14th January. During the hearing on the 14th January the District Judge directed that the defence solicitor serve documents setting out the areas of factual dispute within each of the eye witness statements and serve thier expert report by the 13th March. The case has been adjourned until the 1st April at Plymouth Magistrates' Court.

The case against the huntsman of the Lunesdale Foxhounds Ltd, Paul Whitehead and the hunt's company director Terence Potter was before Skipton Magistrates' Court today and was adjourned until the 21st January 2015 for trial at York Magistrates' Court. Paul Whitehead faces a charge of hunting a wild mammal with dogs on the 18th February 2014, contrary to Section 1 of the Hunting Act 2004. Terence Potter faces a similar charge on behalf of the company as a body corporate, under the provisions of Section 10 of the Hunting Act 2004. Both defendants pleaded 'not guilty' to the alleged offences when they appeared before at Skipton Magistrates' Court in September. The case is based on evidence supplied by the League Against Cruel Sports and investigations carried out by North Yorkshire police.

On Tuesday 14th October 2014 at Berwick Magistrates' Court three members of the College Valley and North Northumberland Hunt - Ian McKie (huntsman), Andrew Proe (kennel huntsman) and Tim Smalley (joint master) - were found guilty of illegally hunting a wild mammal with dogs on the 27th February 2014 under Section 1 of the Hunting Act 2004. Smalley was fined £2,075 and £120 victim surcharge; McKie £1,150 and £115 victim surcharge; and Proe £480 and £48 victim surcharge. Each was also ordered to pay costs of £385. The case was brought by the Crown Prosecution Service following evidence supplied by the League Against Cruel Sports and further investigations by Northumbria police. The case was widely reported in the national and local news media. 

Paul Whitehead (DOB 28/04/61), the huntsman of the Lunesdale Foxhounds Ltd and the hunt's company director Terrence Potter (DOB 08/03/51) both pleaded "not guilty" to Hunting Act offences when they appeared at Skipton Magistrates' Court on the 19th September 2014. Paul Whitehead is charged with a Section 1 offence under the Hunting Act 2004 and Potter is faced  with a similar charge on behalf of the company as an officer of a body corporate, under the provisions of Section 10 of the Hunting Act. The offences are alleged to have taken place on the 18th February 2014 near Ingleton, North Yorkshire. The case has been adjourned until the 24th October 2014 for a case management hearing which will be heard at Skipton Magistrates' Court. Both defendants were represented by Stephen Welford. The case is based on evidence supplied by the League Against Cruel Sports and investigations carried out by North Yorkshire police.

Three members of the Devon and Somerset Staghounds are being prosecuted for illegally hunting stags with dogs. The defendants face a total of four charges of hunting a wild mammal with a dog, contrary to Section 1 of the Hunting Act 2004 and relate to two separate incidences of alleged illegal hunting. David Greenwood and Rupert Andrews, joint masters for the hunt, are each charged with hunting a wild mammal with a dog, contraty to Section 1 of the Hunting Act 2004, in relation to an alleged incident at a hunt meet at Warren's Farm, Simonsbath in Somerset on the 14th September 2013. David Greenwood faces a second charge of hunting a wild mammal with a dog, contrary to Section 1 of the Hunting Act, along with huntsman Donald Summersgill in relation to a separate incident alleged to have taken place after the hunt had met at Coppleham Cross on the 24th October 2013. The case is based on evidence supplied by the League Against Cruel Sports and further investigations carried out by Avon and Somerset police. All three defendants have pleaded "not guilty" to the charges. The case has been listed for trial at Yeovil Magistrates' Court on the 2nd February 2015 and is expected to last ten days.

The huntsman of the Lunesdale Foxhounds Ltd Paul Whitehead has been charged under Section 1 of the Hunting Act 2004 for an alleged incident that took place on the 18th February 2014 near Ingleton, North Yorkshire. Terrence Potter, Company director of the Lunesdale Foxhounds Ltd is being charged under Section 10 of the Hunting Act 2004 for the same incident. The case is based on evidence supplied by the League Against Cruel Sports and further investigations carried out by North Yorkshire police. Both hunt members are due to appear at Skipton Magistrates' Court on the 19th September 2014.

Two joint masters of the Devon and Somerset Staghounds have been charged for offences under the Hunting Act 2004. A report was made to Avon and Somerset police by the League Against Cruel Sports following an alleged incident at a hunt meet at Warren's Farm, Simonsbath in Somerset on the 14th September 2013. David Greenwood and Rupert Andrews have each been charged under Section 1 of the Hunting Act and are due to appear before Taunton Magistrates' Court on the 11th April 2014.

The huntsman for the Seavington Hunt appeared at Yeovil Magistrates' Court and pleaded guilty to hunting a fox with dogs, contrary to S1 of the Hunting Act 2004. David Parker, 39 was fined £500, ordered to pay £500 costs and a £50 victim surcharge. District Judge Lynne Matthews dismissed the defence's plea for a conditional discharge and made the point that Parker had admitted the offence of fox hunting by his own guilty plea. The case related to an incident in January 2013 in which hounds from the Seavington Hunt were filmed pursuing a fox in the area around Causeway Lane, Winsham in Dorset. The pursuit was filmed by investigators from the International Fund for Animal Welfare (IFAW) and the footage was used in the case which was brought by the RSPCA. RSPCA Inspector Jo Daniel said: "The footage, provided by IFAW, clearly shows the members of the hunting party searching the area, along with the hounds, before the fox fled and the huntsman pursued it. We cannot stand by whilst laws which are there to protect wild animals are broken and, if sufficient evidence is provided to us, we have an obligation to act to prevent such offences from occurring". Robbie Marsland, IFAW's UK director said the group's monitors would "remain vigilant in case anyone else thinks they are above the law".

The Crown Prosecution Service has authorised proceedings against Libby Gilbert, former huntswoman and joint master of the Royal Agricultural College Beagles, for allegedly hunting  a hare with dogs on the 20th February 2013, contrary to Section 1 of the Hunting Act 2004. The case is based on evidence gathered by the League Against Cruel Sports which was passed to Wiltshire police. The case against Gilbert is listed for hearing by Swindon Magistrates' Court on the 16th October 2013 at 10.00 am.

Four members of the Yorkshire based Middleton Hunt, including the huntsman and the whipper-in, have appeared in court for offences under the Hunting Act 2004 and the Animal Welfare Act 2006.Each of the accused has been charged with the following offences following an incident of alleged illegal fox hunting on the 17th December 2012:1. Hunting a wild mammal with a dog - S.1 Hunting Act 20042. Permitting a dog to be used in the course of a S.1 offence - S.3(2) of the Hunting Act3. Causing unnecessary suffering to an animal - S.4 Animal Welfare Act 2006. A report was made to Humberside Police by the League Against Cruel Sports following an incident that took place on land near to Full Sutton in East Yorkshire in December 2012.The Animal Welfare Act is most commonly used for cases where unnecessary suffering has been caused to a domesticated animal such as a dog or cat. However, wild animals such as foxes can be given protection under the Act in certain circumstances such as when caught in a trap or prevented from having their natural freedom.A Humberside Police spokesperson stated "Our role in this case is to uphold the law and bring to court those who choose to break the law by continuing as they did prior to changes in the legislation."The case has been adjourned until the 13th August when the four defendants will appear at York Magistrates Court.

George Milton, huntsman and joint master of the Somerset based Weston and Banwell Harriers appeared before Taunton Deane Magistrates Court today charged with offences under the Hunting Act 2004 and the Protection of Badgers Act 1992. The case was adjourned until 31st October to allow time for the defence to review the evidence.

A hunt master of the Meynell and South Staffordshire Hunt and a member of his staff were found guilty at Southern Derbyshire Magistrates' Court of illegally hunting fox cubs with dogs. Hunt master, the Honourable John Edward Greenall, brother of the Baron of Daresbury, was fined £3,000 and was ordered to pay £500 costs and a £15 victim surcharge. Glen Morris from Tutbury, currently off work with depression, was fined £250 and ordered to pay £250 costs and a £15 victim surcharge. The incident took place last October at Sutton Farm in Sutton on the Hill, Derbyshire and was filmed by two anti-hunt campaigners Roger Swain and Robin Ellison. The footage was played to the court and showed members of the hunt lined up along the outside of a wood. The hounds had been seen going into the wood and the sounds of hounds could be heard coming from it. The footage showed the hunt riders hitting their boots and saddles with riding crops to make loud noises to scare a fox back into the wood from where it had tried to escape and Morris was seen clapping his hands and waving his arms. Then a second fox escaped out of the wood and ran towards the two witnesses followed by the riders. Greenall was not clearly seen on the footage but was recognised by the two witnesses.The expert witness for the prosecution Professor Stephen Harris of Bristol University, one of the world's leading experts on foxes and their behaviour, told the court that the excited squeals of the foxhounds could be heard inside the wood and that the sound indicated that they had found a fox. He also told the court that cub hunting is the training of young hounds to hunt foxes and that the footage showed that fox cubs were being hunted. Bertie Woodcock QC defending told the court that the footage did not show that Greenall was clearly involved but Sarah Lloyd prosecuting said that one of the witnesses was certain that one of the riders chasing the fox was Greenall. Neither defendant gave evidence. Woodcock made an application to the district judge that the case against the two defendants should be thrown out as there was "no case to answer". This was turned down by Judge Caroline Goulborn. In summing up the Judge said:" I am satisfied so that I am sure that Mr Swain and Mr Ellison identified the defendant John Greenall as being present at the scene........Mr Greenall, in his interview, gave an innocent explanation for the activities of the Meynall and South Staffordshire Hunt on 22nd October 2011. He has chosen not to give evidence before me today. I draw the inference that his innocent explanation would not bear scrutiny". The Judge went on to say: "I am certain so that I am sure that both defendants were engaged in illegal cubbing on the 22nd October, last. I am satisfied so that I am sure that the prey was identified and I am satisfied so that I am sure that the defendants were active participants in the unlawful hunting with the clear intention of doing so".

Three members of the Sussex based Crawley and Horsham Hunt were found guilty at Haywards Heath Magistrates Court of Hunting Act offences which took place in January of last year. Andrew Phillis, former huntsman (currently huntsman and master of the Dart Vale and South Pool Harriers in Devon) was convicted of two offences one of which took place on the 18th January and the other on the 25th January; Rachel Holdsworth, the hunt secretary was convicted of two offences one of which took place on the 18th January and the other on the 25th January; and Neill Millard, joint master was convicted of an offence which took place on the 25th January while he was acting as field master. Charges against a fourth member of the hunt were dropped during the trial. Video footage of hounds in full cry while chasing a fox at Marlpost Wood, Southwater on 18th January and at Shermonbury Place on 25th January taken by anti-hunt monitors were shown to the court during a seven day trial. The defendants claimed that they were legitimately trail hunting and that any pursuits and killing of foxes by hounds were accidental. However, District Judge Stephen Nicholls said that he was "not satisfied" that this was the case. The footage also showed Holdsworth, who was acting as "trail-layer" on one of the days, holding a riding crop with a duster on the end as if laying an artificial scent, but the Judge did not believe that this was a serious attempt to lay a trail and was infact carried out for the "benefit of the cameras". Phillis was fined £900 plus £2500 costs; Holdsworth was fined £500 for each offence and had to pay £2500 in costs and Millard was fined £1000 and had to pay £2500 in costs. A spokesperson for Sussex police said: "The introduction of the 2004 Hunting Act was extremely emotive on both sides of the hunting spectrum and continues to be strongly debated. Evidence was provided that the accused had committed offences under the Act and following early consultation with the CPS an investigation commenced and subsequently charges were made. As we have seen, District Judge Stephen Nicholls has ruled that they are guilty of these offences and we are satisfied with his decision. It is the duty of the police to uphold the law and whenever offences such as this come to light, we will seek to bring them to justice".

Huntsman Derek Hopkins and terriermen Kevin Allen of the Leicestershire based Fernie Hunt had their appeal dimissed at Leicester Crown Court. They had each been found guilty at Harborough Magistrates Court earlier in the year of hunting a wild mammal with dogs and for interfering with a badger sett during an incident which took place in January 2010. Footage taken by investigators from the League Against Cruel Sports showed hounds hunting across open fields before marking to ground at a hedgerow. Shortly afterwards the huntsman arrived and took the hounds away to a nearby field while terriermen entered a terrier into the sett and proceeded to dig it. After about twenty minutes a fox was bolted and pursued by hounds. Hopkins and Allen claimed to be trail hunting and that the sett that had been interfered with was not  a sett in current use by badgers. However, Judge Michael Pert QC told the court that Hopkins was found to be "an unconvincing and unimpressive witness" and that Allen was even less impressive" and was "shifty and evasive". He also told the court that the sett was "plainly a badger sett in current use" and that Hopkins and Allen had pretended to be following a trail scent to cover up the illegal pursuit of a fox. Their conduct amounted to "cynical subterfuge". The Judge also criticised the expert witness for the appellants Paul Caruana, who claimed that the sett was not one in current use by badgers and said he "lacked the objectivity of an expert witness". Dr Pamela Mynott, secretary of the Leicestershire Badger Group and director of the Badger Trust and Professor Stephen Harris both gave evidence in which they both concluded that the sett was in current use by badgers. The Judge stated that Dr Mynott had an "impressive CV" and that the court was "satisfied with her expertise in this area and we were impressed both with her knowledge and integrity". Professor Harris had organised the first National Badger Survey in the UK and wrote the final report on behalf of the Nature Conservancy Council. The Judge told the court that Professor Harris had "unrivalled expertise in surveying badgers in the field and identifying their field signs". The Judge also commented on the League's witnesses: "We have evidence from four investigators employed by the League Against Cruel Sports. Whatever their motive for being present on that occasion, the evidence that they presented to us was objective video and audio of what was happening. In each case it was possible to locate both in time and place the circumstances of the recording. In any event there was no challenge to the accuracy of their evidence". When originally convicted Hopkins was fined £850 and had to pay a £15 victim surcharge and £1,250 in costs. Allen was fined £650 and had to pay £15 a victim surcharge and £900 in costs. The original sentences were confirmed but with additional costs added - £3,630 for Hopkins and £2,730 for Allen.

Huntsman and terrierman of Fernie Hunt convicted under Hunting Act and Protection of Badgers Act following seven day trial

Despite mounting a legal defence suspected to have cost tens of thousands of pounds, two members of an East Midlands hunt have today been convicted of animal cruelty offences.

Derek Hopkins, huntsman, and Kevin Allen, terrierman, both of the Fernie Hunt, were found guilty by a panel of lay magistrates after a seven day trial at Leicester Magistrates Court. The Court was shown video footage provided by the League Against Cruel Sports, whose investigators had been monitoring the Fernie in January 2010.

The film shows hounds of the Fernie Hunt ‘marking’ the spot where a fox had escaped into an active badger sett. Several minutes later, Allen is seen arriving on a quad bike, and he begins to dig down to the fox, before it bolts and the hounds follow.

Dismissing the defence claim that the badger sett was inactive, and that the hunt were following a trail, magistrates said they were clear that the fox was flushed in order for it to be hunted again.

In a highly unusual move, Hopkins and Allen had been defended in court by Philip Mott QC, one of Britain’s leading criminal barristers. Mr Mott, whose fees in the case are likely to exceed £30,000, is thought to have been instructed by the Countryside Alliance.

Welcoming the verdict, chief executive of the League Against Cruel Sports Douglas Batchelor said: “These latest Hunting Act convictions demonstrate the arrogance of some hunts who continue to stick two fingers up at the law abiding public. They also show that it doesn’t matter how much money you throw at a case, guilt is guilt and the truth will out in court.”

“Leicestershire Police and the Crown Prosecution Service are to be commended for the way this case was handled,” Mr Batchelor added. “From start to finish, both the police and the CPS solicitor Diana Cottrell have grasped the nettle and helped to ensure that justice is done. We are indebted to them.”

Hopkins was fined a total of £850 with a £15 victim surcharge and £1,250 costs. Allen was fined a total of £650 with a £15 victim surcharge and £900 costs.

More than 150 people have been convicted under the Hunting Act since it came into force almost six years ago, an average of one every two weeks. Another case, against a terrierman linked to the South Devon Foxhounds, also under the Protection of Badgers Act and based on League film evidence, will be heard next week.

Alistair Robinson, A terrierman for the Ullswater Foxhounds, was found guilty in Penrith Magistrates' court of breaching Section 1 of the Hunting Act. Video evidence captured by League observers shows Robinson digging out the fox from underground and then beating it to death on 26 October 2009. He then tried to hide the carcass in a dry stone wall where it was later retrieved. Robinson was fined £250 and ordered to pay £900 in costs.

The European Courts have dismissed the challenge to the Hunting Act made by the Countryside Alliance and Brian Friend in a landmark ruling. The judgment stated “The Court noted that the hunting bans in Scotland, England and Wales did not prevent or restrict the first applicant’s right to assemble with other huntsmen as he remained free to engage in many alternatives to hunting such as drag or trail hunting, which did not involve life quarry. The bans had been designed to eliminate the hunting and killing of animals for sport in a manner causing suffering and being morally objectionable.”

Under Article 1 Protocol 1 the Court found “It did not find arbitrary or unreasonable the absence of compensation for the adverse financial impact of the bans on those whose businesses depended on hunting, given in particular that people had continued to gather for hunts, albeit without live quarry, even after the passage of the Act.”

In addition the ruling made it clear that the Act did not affect negatively the hunter’s right to private and family life.