'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of all parties are coming to realise that it has failed and it is now a question of when, not if, the Hunting Act is repealed.”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.”

Chilcott killers sentenced to three years - but could be free in 18 months

TWO young West Somerset men who killed Minehead gardener Tim Chilcott in an unprovoked street attack were today each sentenced to three years in custody.
But Daniel Cain (pictured, right), who was 16 at the time of the killing and is now aged 17 of Porlock, and Sean Wylds (pictured, below), aged 20, of Alcombe, Minehead, are likely to be free again within 18 months.
The pair were drunk when they set upon 36-year-old Mr Chilcott as he walked home through Minehead town centre in the early hours of January 20 this year.
Mr Chilcott was punched to the ground in Blenheim Road and hit his head on the road, suffering a 10-inch fracture of his skull and internal bleeding.
He died 36 hours later in Musgrove Park Hospital, Taunton, without regaining consciousness.
Cain and Sean Wylds denied Mr Chilcott’s manslaughter but were found guilty by a jury after a trial in Exeter Crown Court in July.
Judge Graham Cottle - who previously pledged ‘zero tolerance’ for drunken yobs - said in sentencing the pair today: “This was yet another act of senseless unprovoked violence carried out by young men affected by drink.
“A man walking home alone, minding his own business, posing no conceivable threat to anybody is punched to the ground and dies of his injuries.”
Because of his young age, Cain was sentenced to be detained in a young offenders’ institution, while Wylds was sent to prison.
However, Wylds will have dedeucted from his sentence the 121 days already served on remand in jail, while Cain, who had been free on bail for much of the time, will have 31 days served in custody deducted from his sentence.
Both will be liable for early release, and could therefore spend less than 18 months in custody.
Cain’s identity had been protected throughout the trial due to Section 39 of the Children and Young Persons Act, which prevents the press identifying criminals, aged under 18 years.
However, following an application by local newspaper the Somerset County Gazette, Judge Cottle lifted the anonymity.
Cain had no previous convictions, while Wylds had a reprimand and penalty notice for battery in March, 2005, and for public disorder just two months before the deadly attack on Mr Chilcott.
During the trial, the court heard how Cain had drunk 12 pints of strong Stella Artois lager during a drinking binge with Wylds and six friends on the night in question.
He picked up some Argos catalogues from a shop doorway and thought ‘it would be fun’ to throw them at the first person who walked past, which happened to be Mr Chilcott.
Then, Wylds confronted Mr Chilcott and goaded Cain into attacking him.
Cain punched Mr Chilcott resulting in his death.
Judge Cottle said the jury had ‘no difficulty in rejecting the fanciful proposition advanced by each of you that you were acting in self-defence’ in a fight with Mr Chilcott.
He said he had no doubt that social problems highlighted by the case needed to be addressed at different levels.
Judge Cottle said: “All the courts can do is to demonstrate in the sentence passed that the public have had enough of being frightened away from town and city centres by the prospect of witnessing an incident of this sort.”
Mr Chilcott’s mother, Sylvia, said in a victim impact statement: “This was an act of senseless, violent stupidity.
“We hope all those involved will always remember that they destroyed the life of a wonderful young man and have shattered the lives of all who knew him.
“We hope the people involved in taking Tim’s life realise the devastating effect that their actions have had on so many other people’s lives.”
She hoped the case would ‘deter people from taking the same path of those involved in Tim’s death on the night they took him away from us’.
Det Supt Russ Nurcombe, who was involved with the investigation, said: “This tragic and unnecessary act was fuelled by drink and violent behaviour.
“We are satisfied with the verdict today and are pleased with the judge’s comments.”

EXCLUSIVE: Third teenager is charged after Tim Chilcott killing

A THIRD teenager has been charged with involvement in the killing of Minehead gardener Tim Chilcott.
The 18-year-old had been arrested at the time but was allowed bail while police continued to investigate the circumstances surrounding Mr Chilcott's death.
He was charged today (Friday, February 22) with the offence of affray and was named as David Hayes, who lives in Winsford.
Hayes is due to appear before magistrates sitting in Minehead on Friday, March 7.
Two other teenagers arrested with Hayes were subsequently charged with the more serious offence of manslaughter.
They are 19-year-old Sean Wylds, of Alcombe, Minehead, and a 16-year-old Porlock youth whose identity is protected by the law because of his age.
They are both due to make a second appearance in Exeter Crown Court on March 18.
Wylds has been remanded in custody, but the 16-year-old was given bail by the judge on condition he lived in the meantime with relatives in London and observed a nighttime curfew.
Mr Chilcott, aged 36, was found unconcious in Minehead town centre in the early hours of Sunday, January 20.
He died 36 hours later in Musgrove Park Hospital, Taunton, where he had been put on a life support machine.
Mr Chilcott, who lived with his elderly parents in Hillview Close, Minehead, had suffered severe head injuries. The results of a post mortem to determine the cause of death have not been released, because of the forthcoming trial.

Judge frees manslaughter charge youth on bail

ONE of two youths accused of killing Minehead man Tim Chilcott has been released from custody by a judge.
The 16-year-old was granted bail when he appeared on a manslaughter charge in Exeter Crown Court yesterday, Tuesday, January 29.
Judge Graham Cottle ordered the youth to live with a relative in Edmonton, London, while on bail and to report to his local police station every Friday.
The judge also imposed an 8 pm to 6 am curfew on the teenager and banned him from entering Somerset other than to attend appointments with his legal team.
The youth was further ordered not to contact any witnesses in the case, nor any other defendants.
The teenager appeared in court with 19-year-old Sean Wylds, of Alcombe, Minehead, who was also charged with manslaughter following Mr Chilcott's death in hospital on January 21, 36 hours after he had been found unconscious in a Minehead town centre street.
Wylds was remanded in custody.
Judge Cottle adjourned the hearing for seven weeks while prosecution papers were prepared, with a view to taking a plea and holding a case management hearing five weeks later.

• Meanwhile, an inquest into Mr Chilcott's death was opened yesterday, when evidence was given that he died from a fractured skull.
  Two policemen who found Mr Chilcott lying at the junction of Blenheim Road and The Avenue at first thought he was all right but then realised he had blood on his mouth and chin and that the pupils of his eyes were dilated.

Family statement published as manslaughter charge youths appear before judge

THE family of Timothy Chilcott, who was killed in a street attack in Minehead on the weekend before last, today (Tuesday, January 29) released a statement in memory of him.
The statement was on behalf of his parents Fred and Sylvia, his brother Kevin, and his sister Heather, brother-in-law Phill, sister-in-law Jayde, and nephew Rhyley.
It came as two teenagers accused of killing Tim Chilcott were due to appear before a judge in Exeter Crown Court today at the start of committal proceedings.
Sean Wylds, aged 19, from Minehead, and a 16-year-old youth, also from Minehead, whose identity is currently protect by the law because he is under 18, face charges of manslaughter.They have been in custody since an initial appearance before magistrates in Taunton last Tuesday, and it was expected they would again be remanded in custody by the judge.A third youth, aged 18 years, who was arrested along with Wylds and the 16-year-old, also from Minehead, is currently on police bail while further inquiries are carried out.
Mr Chilcott was found unconscious with severe head injuries in Blenheim Road, Minehead, at 1 am on Sunday, January 20.
He died in hospital 36 hours later after being on a life support machine.
The family statement said: “Tim was the best and most loving son and brother that we could have ever wished for.
“He was very caring, not just to us his family, but was always there for anybody who needed him.
“He will always be remembered for his pearls of wisdom, jokes and laughter with everybody, and had a good sense of humour.
“For us his family, we feel a great loss of a son and brother that we loved so very much.
“To know that Tim was so special to so many people is helping us cope with our loss.
“We would like to thank everybody for their support and their kindness.”
The family requested the media not to contact them directly and asked to be left ‘to grieve at this sad time’.
West Somerset coroner Michael Rose was also today due to open Mr Chilcott's inquest for identification purposes before adjourning to a date to be fixed.

Magistrates order Minehead manslaughter charge teenagers to be kept in custody

TWO young men have been kept in custody after appearing in court on charges of the manslaughter of 36-year-old Tim Chilcott, of Minehead.
Nineteen-year-old Shaun Wylds, of Lower Meadow Road, Alcombe, Minehead, and a 16-year-old, of Porlock, whom the law prevents from being identified, appeared before Taunton Deane magistrates sitting in Taunton this afternoon, Tuesday, January 22.
They were accused of killing Mr Chilcott, who suffered serious head injuries in an early-hours attack in Minehead town centre on Sunday and who died in hospital 36 hours later after being on a life-support machine.
Applications by their solicitors for the pair to be freed on bail were refused by the magistrates and they were instead remanded in custody.
Wylds and his co-defendant will now appear in Exeter Crown Court next Tuesday, January 29.
A third man arrested in connection with the killing of Mr Chilcott was released on police bail pending further inquiries before today's court hearing. He is 18-years-old.

Judge overturns first Exmoor hunting conviction

THE first huntsman to be prosecuted under the Hunting Act, Tony Wright, of the Exmoor Foxhounds, has had his conviction overturned on appeal.
Mr Wright, aged 53, had been found guilty in August of last year by magistrates sitting in Barnstaple of breaching section one of the Act while leading the foxhounds at Drybridge, in Devon.
The prosecution was brought by the League Against Cruel Sports, which said a hunt on April 29, 2005, allowed the hounds a ‘prolonged period of pursuit’ of a fox on two occasions.
Under the Act, all that is lawful is the exercising of hounds, chasing a scent trail, and flushing out foxes to be shot.
Mr Wright, of Exmoor Kennels, Simonsbath, was fined £500 by the magistrates and ordered to pay £250 costs.
But now, at an appeal heard in Exeter Crown Court on Friday, November 30, the conviction has been quashed.
Judge Graham Cottle allowed the appeal and said he was satisfied Mr Wright reasonably believed he had put in place safeguards which he thought would ensure compliance with the Act.
The Exmoor is one of only two fox hunts to have been prosecuted successfully.
More people have been convicted of hunting rats under the Act than have been found guilty of illegal fox hunting.
Countryside Alliance chief executive Simon Hart said: “This verdict is an absolute vindication of Tony Wright and the Exmoor Foxhounds and another nail in the coffin of the Hunting Act.
“While we celebrate this judgment, however, we must not forget why an innocent man faced with a vindictive private prosecution has had to spend over two years and two court cases to clear his name.
“The Hunting Act is not only a pointless and prejudiced piece of legislation, it is also a very bad law.
“If the courts cannot be sure what is hunting and what is not, how on earth can anybody else.
“Only by scrapping the Act can we ensure that other innocent people will not be persecuted and today’s result adds to the clear case for its repeal.”
The case has cost the League more than £100,000 to pursue, after Avon and Somerset Police refused to prosecute based on the available evidence.
Mr Wright was ‘delighted’ with the appeal result and said afterwards the Hunting Act was a ‘very difficult law to interpret’ and ‘probably not very well written for people like myself to understand’.
For the League, Mike Hobday, head of its prosecution unit, said: “We shall be taking urgent legal advice about the prospects of appealing on some of the findings of law.”
Mr Hobday described the appeal result as ‘deeply surprising’ and said he was ‘shocked and disappointed’ at the legal interpretation of the Hunting Act.

• Our photograph shows an image from a video of an Exmoor Foxhounds hunt used by the League in its prosecution. Photo submitted.