'Nail in coffin' of hunting ban as foxhunter wins High Court ruling

TONY Wright, the first huntsman to be prosecuted under the Hunting Act, today won a High Court ruling which was immediately hailed as a new blow to the Labour Government’s anti-hunting legislation.
The two judges found in favour of Mr Wright (pictured) and rejected an appeal by the Crown Prosecution Service (CPS), meaning the prosecution of many Hunting Act offences will now be more difficult.
The League Against Cruel Sports brought a private prosecution against Mr Wright after he led out the Exmoor Foxhounds in April, 2005, just a few weeks after the Act came into force.
He was alleged to have signalled the hounds to pursue two foxes at Drybridge, on the Devon side of the county boundary, twice allowing them a ‘prolonged period of pursuit’.
Under the law, only flushing out foxes to be shot is still legal.
Mr Wright, now aged 54, of Simonsbath, was convicted in Barnstaple Magistrates Court in August, 2006, and was fined £500 and ordered to pay £250 costs.
However, the conviction was overturned by in Exeter Crown Court in November, 2007.
Now, a CPS appeal against his acquittal has been lost in the High Court.
The CPS argued it should have been for Mr Wright to prove that he had been hunting legally, and that ‘hunting a mammal’ includes ‘searching’ for it.
After the case, Mr Wright said he was relieved it was now all over and he hoped the case had put one of the final nails in the coffin of the Hunting Act.
He said: “This prosecution has now dragged on for over three years and during that time I have been living under the threat of a criminal conviction.
“If this judgment, though, makes it less likely that other people will face the sort of vindictive prosecution that I have been through, then it has all been worth it.”
Countryside Alliance chief executive Simon Hart said: “Even before today’s judgment only five people connected to hunts have been convicted of any offence since the Act came into force.
“The CPS argued in court that if it lost this appeal ‘prosecutions under the 2004 Act would rarely be viable’, so there should now be even fewer prosecutions.
“The Hunting Act is an increasingly pointless piece of legislation that offered little and has achieved less.
“Politicians of all parties are coming to realise that it has failed and it is now a question of when, not if, the Hunting Act is repealed.”
The ruling means those accused of breaching the hunt ban will be innocent until proven guilty, with the burden of proof lying with those bringing a prosecution.
Legal expert Tim Hayden, chairman of Taunton law firm Clarke Willmott, said: “This decision will reduce the risk of people being convicted where they are unable to recall or to prove the events that may have happened many months earlier.
“I would expect a reduction in the number of such cases being brought before the courts.”

Quantocks flytipping 'man with a van' is convicted

FLYTIPPERS are being warned they face stiff penalties if they commit environmental crime by dumping rubbish indiscriminately in the countryside.
It follows the conviction of a ‘man with a van’ who dumped waste from a closed village post office in the Quantock Hills Area of Outstanding Natural Beauty (AONB).
Andrew Austwick, aged 41, of Lyngford Square, Taunton, admitted the flytipping flytipping when he appeared before Taunton Deane Magistrates.
Austwick dumped an assortment of rubbish, including a glass-fronted display fridge, a cash register, and other items at 20 Acre Plantation, near Cothelstone, on August 1 last year.
The Quantock Hills AONB Service alerted Taunton Deane Borough Council to the incident and environmental protection officer Paul Stevens carried out extensive and complex inquiries to identify the culprit.
The trail eventually led Mr Stevens to an address in Taunton which was Austwick’s home.
Austwick was prosecuted by the council and the magistrates ordered him to complete 70 hours of unpaid work for the benefit of the community and to pay prosecution and clear-up costs totalling £500.
The magistrates told Austwick: “Your actions were quite intentional. You were out to make a quick buck. You hit the jackpot in terms of damaging the environment.
“The whole enterprise was motivated by financial gain and you were operating without a licence. Do not do it again.”
Maria Casey, prosecuting on behalf of the council, told the court the waste had been cleared away by the council’s direct labour team at a cost of £280, and prosecution costs were incurred.
Austwick told the magistrates: “It was my own fault. I should have gone by the rules and I did not. I am sorry.”
After the case, the council’s environmental services portfolio holder, Councillor Mel Mullins, said: “It is satisfying to note that the courts have recognised the seriousness of this offence by awarding a very substantial penalty.
“We live in a beautiful part of the country and we want to keep it that way.
“Let anybody who may be thinking of flytipping be in no doubt of the council’s determination to gather evidence and prosecute cases of this environmental crime.”

• Our photograph shows some of the rubbish which Austwick flytipped on the Quantocks. Photo submitted.

Second benefits cheat given 'slapped wrist' by magistrates

A SECOND West Somerset benefits cheat has been let off by magistrates after the district council took a prosecution to court.
Ian Ware, aged 41, of The Glebe, Timberscombe, claimed nearly £5,000 in housing benefit and council tax benefit to which he was not entitled.
His fraud was committed over a 14-month period from February of last year to April of this year, during which time Ware dishonestly failed to notify the council of changes to his circumstances.
Despite having found work, Ware did not promptly tell the council and continued to receive a total of £3,704.27 in housing benefit and £1,097.31 in council tax benefit to which he was not entitled.
Ware, who had since started to pay back the over-paid benefits at a rate of less than £10 a week, pleaded guilty to the offence.
The magistrates gave him credit for an early guilty plea and the fact he was already making some repayments to the council.
They conditionally discharged Ware for 12 months, which meant he would not be further punished if he kept out of trouble during that time.
The court did not make any order for compensation as arrangements were already in place.
Following the hearing, West Somerset Council finance portfolio holder, Councillor Doug Ross, appealed for the public to report anybody they suspected of dishonestly claiming benefits.
Councillor Ross said the council had a fraud hotline on 01984 635236 which people could call anonymously to tip off the authority’s benefits team.
He said: “It is made clear to benefits claimants that the responsibility to report changes in circumstances lies with them.
“Our benefits team is on hand to help anybody who may find themselves in difficult circumstances and we would advise people to contact the team if they need to.
“Failure to do so will lead to our fraud team taking action against people who are dishonestly claiming benefits to which they are not entitled.”

'Slapped wrist' for £1,600 Watchet benefits cheat

A BENEFITS cheat who dishonestly claimed more than £1,600 has been given a ‘slap on the wrist’ by West Somerset magistrates after the district council prosecuted him.
Eric Gitsham, aged 49, of Maglands Road, Watchet, pleaded guilty to failing to notify the council of a change in circumstances while he was receiving housing and council tax benefits.
By not declaring that his wife had been working during the 15 months from April of last year to July of this year, Gitsham was paid £1,377.02 in housing benefit and £251.02 in council tax benefit to which he was not entitled.
The magistrates gave Gitsham credit for making an early guilty plea and they took into account his current financial circumstances - both he and his wife were now unemployed.
Gitsham was conditionally discharged for 12 months, which meant he would not be further punished for the offence if he stayed out of trouble during that time.
A compensation order was also made for Gitsham to repay to the council the overpayment of benefit at £10 a week.
District council finance portfolio holder Councillor Doug Ross said after the court hearing: “People who break the law by claiming benefits they are not entitled to should be aware that our fraud team will take action against them.
“If convicted in court, they will also find themselves with a criminal record.
“It is vital that people claiming benefits report changes in their circumstances to our benefits team immediately, as we are here to help those facing hardship.
“If people suspect somebody of claiming benefits fraudulently, they can report them anonymously on our confidential benefit fraud hotline on 01984 635236.
“All the caller needs to do is leave the name of the person suspected and details of the alleged fraud.
“We can simply check out the details and if fraud is proven, we can act to stop hard-working taxpayers footing the bill for this criminal activity.”