LETTERS: Hunting Act 'still alive' despite High Court ruling

Dear Editor - Contrary to what the Countryside Alliance would like us to believe, today’s judgment on the Hunting Act from the High Court is in fact a very positive step forward in ensuring illegal hunters are brought to justice.
Instead of being a ‘new blow to the Hunting Act’, this will clarify the law and clear up any confusion around what is legal hunting and what is illegal hunting.
There is absolutely no suggestion anywhere in the judgment that the Act is unenforceable.
More importantly, this will clear the way for a backlog of cases to pass through the courts which will no doubt see the number of prosecutions rise even further.
The League has always believed the law to be sound and effective and with any law the problem is with enforcement not with the law itself.
Testament to this is the fact nearly 100 MPs have signed a new Early Day Motion calling for better enforcement of the Hunting Act.
Seventy five per cent of the people in the UK do not want to see a return to cruelty when killing wild animals for fun was legal.
It is time the Countryside Alliance et al accepted this and stopped complaining about a law which prevents them enjoying their so-called sport.

Douglas Batchelor
Chief Executive
League Against Cruel Sports
New Sparling House
Holloway Hill

Godalming

'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.”

EXCLUSIVE: £1 million High Court patent case hangs over West Somerset employer

AN award-winning former Watchet company is jointly facing a landmark High Court action against it with the potential for damages and costs of greater than £1 million if the case was lost.
Choice Stationery Ltd, which was based at the Smithyard, just outside Watchet, and has since relocated to Taunton, is part of the Choice Media Group which used to own Quaywest Radio.
The company expects to be in court for a trial which has been set for next June, when it will defend an action brought against it by ink cartridge manufacturer Seiko Epson Corporation.
Whichever way the case goes, the result will have major implications for the way ‘compatible ink cartridges’ are produced and sold by UK firms such as Choice Stationery.
Seiko Epson Corporation has filed allegations of a total of 10 patent infringements by Choice and two other firms, Medea International Ltd and Ebuyer (UK) Ltd.
The corporation filed its first case against the trio in February, 2006, but has since settled out of court with Medea in respect of the six specific allegations within the legal action.
It is still pursuing Choice and Ebuyer for what it says are ‘patent infringements caused by their dealings in certain ink cartridges which are compatible with Epson printers’ and this is expected to reach the stage of a trial in June, 2009.
Seiko began a second case against Choice, Medea, and Ebuyer regarding a further four similar allegations in October of last year.
Choice produces its own brand of compatible ink cartridges, called Think, which it says offers 80 per cent savings on manufacturers’ originals.
In 2005, it introduced the ThinkPlus cartridge in an apparent bid to head off possible legal action by Seiko Epson.
Choice said at the time the new cartridge was the ‘first major patented innovation in inkjet cartridge construction since their conception’.
The firm boasted: “This is the future of compatible cartridges, and although more expensive to produce than past products it still offers a huge cost saving against originals
“With the original manufacturers fighting to regain their stranglehold on replacement printer cartridge supply by threatening legal action against manufacturers and suppliers of compatible cartridges, there are many competitors ‘selling off’ lower quality products to reduce stock holdings.
“Epson’s actions will force competitors out of the market, even some of the legitimate ones who cannot face the cost of defending themselves.”
The move, however, did not stop Seiko Epson launching its two legal actions against Choice, which are said to hinge on the use/copying of a patented cartridge design and/or the use/copying of a patented ink formula.
Seiko has already earned itself a reputation worldwide for ‘suing the pants off people who manufacture compatible cartridges on the grounds of patent infringement’.
Koichi Endo, Seiko Epson’s chief operating officer, consumer products operations division, defended the legal actions.
He said: “As one of the world’s leading imaging companies, Epson commits a significant human and financial investment to product research and development.
“Although Epson welcomes fair competition in the ink cartridge marketplace, infringement of Epson patented technology and innovation undermines this investment and provides an unfair advantage to those companies acting illegally.
“As such, we intend to protect our patents against any infringement and we continue to pursue our legal action.”
Choice Media Group, which is celebrating its 10th anniversary this year, was founded, and is now chaired, by Paul Andrews, who is also well-known a Special Constable in West Somerset.
It has combined with long-established Taunton firm Wessex Malthouse to offer design, office supplies, and printing.
Its group headquarters in Taunton was officially opened last autumn by MP Jeremy Browne, and it more recently moved into new premises in Minehead’s Mart Road Business Park.
Choice has twice won ‘Best Consumables Supplier’ in the Computer Active Awards, and Wessex Malthouse won the British Office and Stationery Supplies Dealer Excellence Award in 2006.
Last year, Choice was runner-up in the BOSS Technology Award for its investment in an innovative website.

• Our photograph shows Choice Media staff outside their group headquarters building. Photo submitted.

EXCLUSIVE: Quaywest radio has new owners after parent put into administration

QUAYWEST 102.4 FM Radio was under new ownership this week after parent company Laser Broadcasting sold the Watchet-based station and four others in its stable.
It follows Laser going into administration last week to avoid a winding-up order which had been filed in the High Court by one of its creditors.
Business rescue specialist Begbies Traynor was called in to sell off the Laser’s assets, which included subsidiary Laser South West, the owner of the five loss-making stations.
Begbies Traynor quickly arranged for property developer John Roberts to buy the five Laser South West stations though his Exeter-based company South West Radio Ltd.
The news will be a blow for Quaywest station manager Dave Englefield, who had put together a rescue deal to temporarily run it along with Bridgwater sister station Quaywest 107.4, with a view to buying both once Laser’s affairs were straightened out.
Mr Englefield created Bridgwater Broadcasting Services to keep the two stations going and had teamed up with Bridgwater firm Southwest Media Consulting.
The other Laser stations sold to South West Radio were Bath FM, Brunel FM, and Warminster-based 3TR, all of which were only acquired by Laser in June of this year.
South West Radio spokesman Paul Roberts, son of John Roberts, said: “We are very excited.
“From a business point of view we really believe that the station can continue to be a vital part of the local community.
“We have some excellent skills already situated in the station and are working closely with the staff to help them out of the tough period that they have experienced recently under the previous arrangement.
“We aim to continue and improve on what works so well, maintaining quality local radio.”
In Bath, the Laser station was also being run temporarily by a local business, Triple Media, which said it was ‘looking after’ the station with a view to purchasing it.
Triple Media chief executive Gary Cottier-Jansen said he been running the station ‘on Laser’s behalf’ for the several weeks and that he still wanted to acquire it.
Other stations owned by Laser are Sunshine 106.2, Sunshine Gold, Sunshine AM, and Fresh Radio. There was no word on their future.

Administrators of Quaywest parent Laser look to sell off radio stations

ADMINISTRATORS have been appointed to Laser Broadcasting, which owns West Somerset station Quaywest 102.4 FM, based in Watchet, and Bridgwater’s Quaywest 107.4 FM.
The Darlington-based parent company applied to High Court, in Leeds, to be placed into administration in order to pre-empt an attempt by a creditor to have it liquidated.
A winding-up petition had been sought by Capital North East No1 Ltd Partnership, a Gateshead-based venture capitalist.
Laser Broadcasting owns seven other stations in the UK, including Bath FM, Brunel FM, in Swindon, and 3TR, in Warminster.
Solicitor Robert Abblestone, of CW Harwood and Co, in Leeds, who presented the winding-up order, said: “Laser has now been placed into administration with immediate effect.
“I cannot comment on what that will mean for the nine radio stations they own.”
However, experts from business rescue firm Begbies Traynor were appointed on Friday as administrators for the failed radio group.
Andy Haslam, of Begbies Traynor, said: “The radio stations will now go under an extended marketing period, where companies can bid for them.
“I understand that Brunel FM will be part of three radio stations in the South West, and two others, which will be sold together as a group.
“We have successfully rescued the radio stations. It is up to the new owners to take it from here.”
The other Laser stations are three Sunshine-branded studios in Ludlow, Hereford and Worcester, and Hereford and Monmouth, and Fresh Radio, based in Skipton, in the North Yorkshire Dales.

Rescue bid for troubled Quaywest radio stations

A BRIDGWATER company has stepped in with a rescue bid for troubled West Somerset commercial radio station Quaywest 102.4 FM and its sister station in Bridgwater, Quaywest 107.4 FM.
Dave Englefield (pictured), one of the founders of the Bridgwater station when it was previously known as BCR FM, has set up Bridgwater Broadcasting Services Ltd (BBS), of which he is a director, to take on temporary responsibility for running the two Quaywest brands.
It follows an application to the High Court by Quaywest parent company, financially-crippled Laser Broadcasting, to be placed into administration.
The Laser application, due to be heard in Leeds on October 24, pre-empted an application by a creditor to have the company wound-up.
Mr Englefield, the Quaywest station director, said: “We are thrilled and delighted to be able to bring the stations back into local hands.
“The radio stations are extremely important to the people of West Somerset and Sedgemoor, and an integral part of the community.
“We have an important role to play for our listeners and the local businesses, who have shown us a huge amount of support and loyalty, which, in turn, gives us a fantastic platform to build on.”
BBS has aligned itself with local media and marketing company Southwest Media Consulting in its bid to help save Quaywest and to ensure that the stations remained locally owned.
Mr Englefield said: “This is going to be a testing, but exciting time for us all.
“Both stations were born in Somerset and we intend to make sure they both continue to thrive and grow.
“We owe it to the public and their continued support to keep their own radio stations on air, and in local hands.
“We are looking forward to the challenge, and will be working hard with the staff to ensure we keep the stations running successfully.”
BBS is expected to keep the West Somerset and the Bridgwater Quaywest stations running while administrators deal with the winding-up of Laser’s affairs.
The Watchet station recently celebrated its 10th birthday, while the Bridgwater one has been on air since 2001.
They were originally independently owned before being sold to Watchet-based Choice Media, and then to Laser Broadcasting in 2006.
More information about the BBS rescue bid is available from Darren Horne or Lawrence Hebron at Southwest Media Consulting by calling 01278 434 231.

Future of Quaywest takes a twist in the High Court

THE fate of Quaywest 102.4 FM, West Somerset’s only commercial radio station, has taken another twist as its parent company applied to be placed into administration.
Laser Broadcasting, which owns nine stations nationwide, was facing a winding-up order in the High Court, in Leeds, yesterday.
But the company is understood to have applied for administration procedures before the court could hear the winding-up order.
Now, the application by Laser is due to be heard in the High Court on Friday, October 24.
The attempt to liquidate Laser was made by one of its creditors, Gateshead-based venture capitalist Capital North East No1 Ltd Partnership.
But Laser, based in Darlington, made a pre-emptive application of its own to be placed into administration.
Watchet-based Quaywest has continued to broadcast, although staff are understood not to have been paid since July, and its website and email facilities have been withdrawn.
Its sister station in Bridgwater, Quaywest 107.4 FM, previously known as BCR FM, has been in a similar position.
Laser Broadcasting’s other seven stations are Bath FM, Brunel FM, three Sunshine-branded stations in Ludlow, Hereford and Worcester, and Hereford/Monmouth, Fresh Radio, in the Yorkshire Dales, and 3TR, based in Warminster.
One of the founders of Laser in 2002 was Nigel Reeve, who was the launch sales and marketing director of Classic FM.
Nobody from Laser was available for comment.

Winding-up order for Quaywest parent could see radio station close

THE company behind West Somerset commercial radio station Quaywest 102.4 FM could be wound up in the High Court next week.
Parent company Laser Broadcasting Group has been suffering financial difficulties, despite operations director Stuart Linnell issuing a strong denial to The Post just five months ago.
As well as Watchet-based Quaywest, Laser runs nine stations nationwide, including a sister Quaywest station in Bridgwater.
Laser faces winding up proceedings after an application by a creditor, understood to be Capital North East No 1 Ltd Partnership, a venture capitalist firm based in Gateshead.
Quaywest continues broadcasting from its Watchet and Bridgwater studios, but may have to close unless an offer is made to take over the licences.
A spokesman for NEL Fundmanagers Ltd said: “As fund managers of the Capital North East investment fund, from which an investment was made in Laser Broadcasting in 2004, we have been working with Laser for many months in an attempt to find a way forward which would allow the company to trade within the terms of our investment agreement.
“However, these efforts have failed to result in a satisfactory outcome and we have therefore reluctantly had to seek a winding-up order against Laser Broadcasting, which will be heard in Leeds on October 14.”
Broadcasting regulator Ofcom said the petition to wind up Laser Broadcasting would be heard by a High Court judge sitting in Leeds on Tuesday, October 14.
A spokesman for Ofcom said: “We are monitoring developments closely.
“The company is keeping us fully informed, and is seeking to ensure the radio stations are able to continue broadcasting in the best interests of their staff and listeners.
“In these circumstances, until the winding-up order is heard by the court next week we are aware that the stations may not be able to fully comply with their format requirements.
“We do not propose to take any formal action against the licensees during this period.”
Darlington-based Laser was formed in 2002, and included among its founders Nigel Reeve, who was launch sales and marketing director of Classic FM.
Three of Laser’s other stations -Bath FM, Brunel FM, in Swindon, and Warminster-based 3TR - were only acquired from The Local Radio Co less than six months ago.
Laser also owns three Sunshine-branded stations in Ludlow, Hereford and Worcester, and Hereford and Monmouth, as well as Fresh Radio, in the Yorkshire Dales.
Nobody from Laser Broadcasting was available to comment.