High
Court Hearing Friday 11th April 2008
The Royal Courts of Justice London
James Gray asks the High Court to
instruct the RSPCA to return the 29 animals to him immediately as per
Deputy District Judge Sandeep Kainth's ruling of 4th April 2008, rather
than wait untill Friday 18th April 2008.
The case this morning has been referred back to the district judge in
Oxford as the High Court Judge didn’t feel he had jurisdiction to hear
the case.
Today's hearing focused mainly on technicalities of law rather than the
welfare of the animals.
Mr Justice Wyn Williams stated that he had to have regard to the proper
legal procedures and so directed the Grays to instead address the matter
back to the District Judge in Oxford Magistrates Court.
Mr Justice Wyn Williams acknowledged that the RSPCA has formally asked
the Deputy District Judge Kainth to state his case and concluded: "by
far the most appropriate person to enforce the order is the person who
made the order."
The High Court hearing was a legal application made by James Gray of
Spindle Farm, Hyde Heath, Amersham, Buckinghamshire, for the RSPCA to
immediately return 29 animals that the Society and other welfare
charities have been caring for since police seized them in January 2008.
Mr Gray's barrister, Philip Williams acting for Mr. Gray and his family,
where 111 animals were seized, today demanded in the High Court that 29
Shetland ponies and donkeys be returned immediately.
Jamie Gray's legal representatives accused the RSPCA of deliberately
defying a court order which last week said the animals should be
returned.
The court was told that the RSPCA had not complied with an order made by
Judge Sandeep Kainth in Oxford magistrates Court last Friday. District
Judge Sandeep Kainth said the animals were never in any danger and
ordered the animals be returned.
Mr Gray's legal team tried to get an
injunction against the RSPCA requiring the animals be given back
immediately - but the court refused.
However, Mr Justice Wyn Williams, said of the animals' return: "It has
become the stance of the RSPCA, as I understand it, that they do not
wish to do so".
The charity is planning a High Court appeal against the order made in
Oxford on Friday 4th April and argues it should look after the animals
until this is resolved. Mr Gray's barrister, Philip Williams, said the
RSPCA were in willing breach of the order. It was simply wrong and a
misinterpretation of the law'.
"We have very real concerns for the welfare of the donkeys, ponies and
horses involved, and so have asked the District Judge to explain his
decision," said the RSPCA's Chief Officer Tim Wass. "Meanwhile, we will
continue to care for the animals and explore all available legal avenues
in order to secure their future welfare."
Mr Williams also remarked on the enormous media attention the case has
raised and said that the family's legal costs and bills were rising at
an exorbitant rate.
Mr Justice Wyn Williams said that district judge Sandeep Kainth was in
the best position to decide how his order should be enforced. The case
should be re-listed before the District Judge as quickly as possible.
The animals that have not been ordered to return to Mr Gray will be sold
at a farmers market in Warwickshire on 3 May 2008.
The RSPCA is pursuing a
separate case against
James Gray, Julie Gray, Cordelia Gray, Jodie Gray, all of Spindles Farm,
Hyde Heath, and a youth who cannot be named, over alleged mistreatment
of animals at the farm.
The Royal Courts of Justice
53-64 Chancery Lane
London WC2A
Telephone: 020 79476000
The Royal Courts of Justice
