James Gray Animal Cruelty Trial
This was the worst cases of horse neglect and cruelty in UK's
history. 32 horses, ponies and donkeys were found dead and over 100 were
removed from Spindles Farm in Amersham in January 2008. Jamie Gray and
his family were in Bicester Magistrates Court for 51 days in the
longest-running animal welfare trial in history. This was the most high
profile test of the new legislation under the Animal Welfare Act 2006
and it sent a clear message that neglecting and mistreating animals in
this way is totally unacceptable.
James
Gray & family Sentencing 12/06/09
Friday 8th May 2009 (The Verdict)
Tuesday 17th March 2009
Wednesday 11th March 2009
Monday 12th January 2009
Friday 19th December 2008
Thursday 18th December 2008
Monday 15th December 2008
Friday 12th December 2008
Wednesday 10th December 2008
Tuesday 9th December 2008
Monday 8th December 2008 (1st Day)
"HELL FARM" THE VERDICT - ALL GUILTY
(1) James John Gray (45) GUILTY 11 Charges
(2) James Gray Junior (16) GUILTY 11 Charges
(3) Julia Gray (41) GUILTY 2 Charges
(4) Jodie Gray (26) GUILTY 2 Charges
(5) Cordelia Gray (20) GUILTY 2 Charges
(All of the above defendants pleaded not guilty to a total of 12 charges
each of neglect and cruelty under the Animal Welfare Act 2006)
All five members of the Gray family (Gray's Horses Limited) have today
been found guilty of neglecting more than 100 horses, ponies and donkeys
on their family farm in Hyde Heath; they have been convicted of animal
cruelty under the Animal Welfare Act 2006.
James John Gray (45) and his 16 year old son also called James (*) were
convicted of nine counts of causing unnecessary suffering to animals and
two charges of failing to protect animals from pain, injury, suffering
and disease under sections 4 and 9 of the Animal Welfare Act 2006.
Julia Gray (41) and her two daughters Jodie (26) and Cordelia (20) were
cleared of charges of causing unnecessary suffering to animals, but
convicted of failing to protect animals from pain, injury, suffering and
disease under section 9 of the Animal Welfare Act 2006.
All five people will be sentenced in four weeks’ time.
District Judge Andrew Vickers indicated custodial sentences were
unlikely for James junior, Julie, Jodie and Cordelia, but that the
offences committed by James senior were serious enough to have “crossed
the custody threshold” and he did not rule out imprisonment.
The final sentences will be decided when full mitigation is made and the
pre-sentence report is made, he also said Gray's past offence would be
taken into account.
During the course of the trial, evidence was heard from two expert
witnesses Ms Madeleine Forsyth and Mr. John Parker both vets. Judge
Vickers said he was “unable to rely” on their evidence as it could not
be corroborated.
So much for their reputations, they both attended regularly throughout
the trial in steadfast support of James Gray and his family, if they had
their way all five members of the Gray family would not be accountable
for their actions at Spindles Farm. Such a lack of compassion they have
shown for God's creatures, and they are both vets.
I shudder at what these gentle animals had been put through. Every horse
pony and donkey matters and deserves to be protected from cruelty, pain
and suffering and should be fed and stabled properly, at least they have
their 30 pieces of silver each intact! - Maybe they should have a
lifetime ban on defending the Gray's in future animal cruelty cases
brought to court by the RSPCA!
The court heard today James Gray senior has a previous conviction for
causing unnecessary suffering after failing to call a vet when a piebald
colt needed treatment. He was fined £3,500 and ordered to pay £7,871
costs in October 2006 in another case brought by the RSPCA which was
heard at Hemel Hempstead Magistrates Court.
The
sentencing will take place at AYLESBURY Magistrates Court on Friday 12th
June 2009 at 12 noon.
James Gray and his son also James Gray face the possibility of being
jailed for up to six months and a possible fine of up to £20,000, and
Julia Gray, and her two daughters Jodie and Cordelia each face possible
fines of up to £5,000 each.
The equines remain the property of the guilty Gray family unless the
court rules otherwise at the sentencing.
The RSPCA have launched an appeal for funds to care for the neglected
horses, if you wish to donate money please click here
(*) District Judge Andrew Vickers today lifter the court order banning
James junior from being named.
Today was the last day for evidence to be heard in the trial of Jamie
Gray (45), Julie Gray (41) and Cordelia Gray, (20), all of Spindles
Farm, and Jodie Gray, (26), of Park Road, Ashford, Middlesex, and a
teenager who cannot be named for legal reasons, at Bicester magistrates
Court. All the defendants deny all the 12 offences under the Animal
Welfare Act 2006.
It was the turn of expert witness
Ms Madeleine Forsyth acting for the defence to give evidence, she
told District Judge Andrew Vickers that the deaths of several horses at
Spindles Farm, could be down to a massive outbreak of worms.
Prosecuting Barrister Robert Seabrook QC said to Ms Forsyth that she was
a professional expert witness, and was giving evidence well outside her
level of competence and expertise. He also accused her of seeking to
confuse the real issues of the case with the evidence. Ms Forsyth denied
the accusation.
During his cross examination Robert Seabrook QC presented to the court
an initial report written by Ms Forsyth which stated
"the care of Horses and Ponies has been a
substantial proportion of my professional practice".
He then went on to produce to the court two identical statements written
by Ms Forsyth from other trials where she stated that
"avians and domestic animals were a substantial
proportion of her work".
Ms Forsyth stated that her background is that of a mixed practitioner,
and informed the court that is exactly what she is. She explained that a
proportion of her work approximately one third is with domestic pets and
a part of this was avian.
In further cross examination Robert Seabrook QC also accused Ms Forsyth
of using arcane words or phrases which held no recognised meaning. Ms
Forsyth told the court she did not agree.
John Parker a senior vet gave evidence in court today for the
defence of Mr. Gray and his family of Spindles Farm, and a teenager who
cannot be named for legal reasons. He told the court that in his opinion
Mr. Jamie Gray was not aware of the gravity of an infection affecting
his equines, he also went on to tell the court he was unable to prove
his theory as it was several months before the idea came to him and
after he had compiled his initial 73 page report on his findings. Expert
witness Mr. Parker said he believed the horses could all have died from
an infestation of worms.
Mr. John Parker (former chairman of the Royal
College of Veterinary Surgeons) also said witness accounts of Jamie Gray
pulling a horse onto a trailer by tying ropes round its tail and mane
showed a misunderstanding of the correct treatment of horses. He said he
had taken horses out of water jumps in that manner himself. He told the
court it was the correct way to do it, but accepted that to a lay person
it might not seem very good.
" I don't agree with that, there are proper padded horse rescue
harnesses and slings specifically designed to recover a horse in that
situation."
Mr. Roberts Seabrook QC prosecuting, told Mr. Parker it was impossible
for so many animals to die in such a short space of time. He questioned
Mr. Parker and asked him if it was possible to have sudden deaths from
an infestation of worms without any of the equines showing any clinical
signs that would be apparent to Mr. Gray. Mr. Parker said it was
possible; they could have all died within 48 hours of contracting worms.
He told the court that if this was the case it would be one of the
largest outbreaks ever recorded, but hastily added that he was giving
the hypothesis of what had killed the animals, but also stated it cannot
be proved as unfortunately any supporting evidence had now gone.
Mr. Parker said the possibility of cyathostomiasis - an infestation of
worms, did not cross his mind until after he had completed his initial
report on his findings.
Robert Seabrook suggested to Mr. Parker that he did not have any
personal knowledge or experience of cyathostomiasis, Mr. Parker
disagreed, but added he did not know what yardstick to measure his
findings against, he said he had seen 2 outbreaks of this condition.
Robert Seabrook told Bicester Magistrates Court that Mr. Parker had been
swotting up on his knowledge of the disease and that he had contacted
another vet from Shrewsbury to ask about it. Mr. Parker agreed that he
had sought advice from the vet, to confirm whether his experience of
sudden death was the same as his, which he said was the case. He told
the court he had spoken to the vet three or four times, and added they
were good friends and said he had not contacted him specifically with
the intention of talking about the trial.
Mr. Parker said that evidence already heard from vets and the RSPCA
inspectors had been exaggerated and overstated. He referred to evidence
given by Katie Robinson a vet, saying that neglect and cruelty may well
not have contributed to everything that she saw at Spindles Farm.
Mr. Seabrook asked Mr. Parker if he would be cautious about challenging
Miss Robinson’s evidence, and he replied he would not, but he added he
did not contest her remarks that the animals were in urgent need of
attention. He went on to tell the court that if Mr. Gray was a
reasonable dealer he would give his equines enough food to keep their
weight up over the winter months, but not to put a great deal of flesh
on them.
Robert Seabrook QC suggested Mr. Gray had got away with as little as he
could when feeding the animals on his farm. Mr. Parker disagreed.
Mr. Seabrook said Mr. Parker had not mentioned anywhere in his 73 page
report of findings anything about Cyathostomiasis. Mr. Parker said his
remit until 4th April 2008 was not to do with diagnosis; it was to see
some horses and see how healthy they were.
The trial of Jamie and Julie Gray and Cordelia Gray, 20, all of
Spindles Farm, Jodie Gray, 26, of Park Road, Ashford, Middlesex, and a
teenager who cannot be named for legal reasons, resumed today at
Bicester magistrates Court, after the Christmas and New Year break.
There was a peaceful gathering of six demonstrators carrying placards
outside the court to great Mr. Gray and family when he arrived, and
there were Thames Valley Police officers also present.
Mrs. Julie Gray was unable to attend court today as one of their
children was poorly, and a teenager who cannot be named for legal
reasons, was only able to attend the afternoon session. District Judge
Andrew Vickers was presiding.
Robert Seabrook QC called his first witness to give evidence WPC Tamara
Scott, she explained how she met RSPCA officers and Mr. Bob Baskerville
a vet at Keepers Lane, Hyde Heath on 5th January 2008 at 8:30am and then
attended Spindles Farm, Chalk Lane Hyde Heath, with them, and saw for
herself the state of some of the animals on the farm.
Mr. Mike Fullerton acting for Mr. Gray asked why she felt it necessary
to remove the animals under Section 18 (5) of The Animal Welfare Act
2006, she answered it was on the advice of the vet present Mr. Bob
Baskerville.
Section 18 (5) of The Animal Welfare Act 2006
states that
An Inspector or a Constable may take a protected animal into possession
if a veterinary surgeon certifies-
(a) That it is suffering, or
(b) That it is likely to suffer if its circumstances do not change.
Mr. Fullerton questioned WPC Scott to see if she fully understood The
Animal Welfare Act 2006, he asked if she had time to look up the act
while at the yard, and also whether there was any discussion about
making the yard satisfactory for the animals.
He asked her if she realised she could have, as an alternative to
seizing the animals and removing them from the farm, have opted for
Section 18 (8) of The Animal Welfare Act 2006, in that the animals could
be taken into possession under section 18 (5) and under Section 18 (8)
remain at Spindles Farm and be cared for on the premises instead.
Section 18 (8) of The Animal Welfare Act 2006
states that
Where an animal is taken into possession under subsection (5), an
inspector or constable may-
(a) Remove it, or arrange for it to be removed, to a place of safety;
(b) Care for it, or arrange for it to be cared for-
(i) on the premises where it was being kept when it was taken into
possession, or
(ii) at such other place as he thinks fit:
(c) Mark it, or arrange for it to be marked, for identification
purposes.
WPC Scott was asked if she saw the vet Mr. Bob Baskerville examine any
of the animals on the farm and especially KH15, she replied she did see
him examine the animal, she was asked exactly how long the vet took to
examine KH15 and she replied 20 minutes, she was asked if Bob
Baskerville took notes by calling out the findings and also if she saw
KH16 to KH20 being examined, she was asked if the vet got in the pen to
examine the animals and she said yes he did. WPC Scott informed the
court that she made a statement on the 8th January 2008, from notes
taken from her pocket book, which was subsequently lost. She said also
when asked that some of the animals that were destroyed, on the vets
advice because of their poor health.
Robert Seabrook QC called his next witness PC Nigel Rosier of Amersham
Police station, who informed the court that he attended Spindles farm on
Sunday 6th January 2008 at 11:30am to remove the animals, he was asked
by Mr. Fullerton if he had come across the donkey KH22 which was dead
and had been alive the previous day. He was also asked if he had made
notes at the time and was his statement the same as his notes.
PC Nigel Rosier told the court how he had received a telephone call that
morning from an RSPCA Inspector Kirsty Hampton asking for assistance
under Section 19 of The Animal Welfare Act 2006, powers of entry, he was
asked if he knew about the act before, he answered he did not. He was
also asked if he had seen the animals being examined by the vet, and if
he saw the animals marked, and to tell the court exactly where the first
animals that were seized, were taken from, he answered they were taken
from the top barn.
PC Nigel Rosier was asked on what bases were the animals seized and he
answered their general condition, he was asked if he ascertained which
animals were suffering, and if he knew which animals to remove. He was
then asked by Mr. Nigel Weller if he gained entry to the property by
invitation of the person who controlled the property and if he was at
the head of the expedition on entering the property.
He informed the court that he spoke to Mr. Gray’s daughter on arrival,
and said it was his duty to keep the peace and seize the horses that
were in poor condition. He was asked if he knew the contents of the
Animal Welfare Act 2006 before entering the property and he answered he
did not. He understood from Inspector Kirsty Hampton of the RSPCA that
it was his job the seize the sick animals as a vet had carried out
examinations of the animals.
Robert Seabrook QC called PC Garry Holliday from Amersham Police
Station, and he informed the court that on Monday 14th January 2008 he
conducted interviews at Amersham Police Station of members of the Gray
family and of a teenager who cannot be named for legal reasons, in the
presence of Tina Roberts.
Mr. Widdets was acting for the Gray family and arrived at the police
station at 2:00pm no members of the Gray family were prepared to be
interviewed, neither was the teenager. PC Holliday then asked the
custody sergeant to intervene and he said that interviews were necessary
as offences allegedly had been committed. All gave no comment answers
when asked to answer material questions.
Mr. Fullerton acting for Mr. Gray and a teenager who cannot be named for
legal reasons confirmed with PC Holliday that the defendants were not
under arrest at the time.
Mr. Charlton acting for Julie Gray and Cordilia Gray, ascertained that
the defendants were acting on the advice given by their solicitors, and
that all the defendants had voluntarily given their names and dates of
birth to PC Holliday.
Mr. Nigel Weller acting for Jodie Gray also confirmed that the
defendants were asked not to say anything to the police at this time on
advice given to them by their solicitor.
After a short break Mr. Fullerton informed the court that members of the
public in the public gallery were looking at the defendants in a
menacing way, and some were mouthing words like “rubbish” to them, this
he felt was unnecessary and he felt they were trying to influence the
court, the defendants had pointed out that they found this behaviour
intimidating.
Two police officers spoke to the public gallery and informed them they
must desist from looking at the defendants during the trial; they
replied that they were being stared at the whole time by the two female
members of the Gray family.
When the trial resumed District Judge Andrew Vickers told Mr. Fullerton
that he had not seen any members of the public acting in this way, and
suggested that Mr. Fullerton ask his clients to perhaps not look towards
the public gallery at the back of the court.
Mr. Robert Seabrook called Neil Harris who is Gardens and Countryside
Manager at Hughenden Manor High Wycombe, which is now owned by the
National Trust, he described how ten horses appeared in one of their
fields on 20th November 2007 which belonged to Mr. Gray of Spindles Farm
Hyde Heath near Amersham, he told the court how one of the horses looked
like it was already dead, he said how the owner of the horses Mr. Gray
had said it must have been one of ten that might have escaped from
Spindles Farm.
Mr. Nick Phillips the Property Manager at Hughenden Manor, told the
court how Mr. Gray had told him that he believed the equines had escaped
from his farm and ended up in the field at Hughenden Manor. Mr. Phillips
told the court how he questioned that, as he knew how far away the field
was from Spindles Farm, and felt it was extremely unlikely that they
could have all escaped together and arrived at the field near Hughenden
Manor.
Mr. Gray informed him that they could have been stolen and dumped in the
field.
Neil Harris made arrangements with Mr. Gray for the animals to be
collected, but Mr. Gray did not come to remove them until 5:30pm on 18th
December 2007.
Mr. Harris explained of how on that day he was told that one of the
horses in the field had fallen and was unable to get up again. He went
to Hughenden Manor at around 5:00pm, where he saw the horse on the
ground in the far corner of the field, he said it was clearly not
looking well.
Half an hour later Mr. Gray arrived with a teenager, who also faces
animal cruelty charges but cannot be named for legal reasons, and a
female, who was not identified to the court. Mr. Harris told the court
how Mr. Gray drove a 4x4 and trailer near to where the horse was, and
because of the boggy conditions the vehicle was stopped about 25 metres
from the trailer. Mr. Harris told the court that they made some attempts
to get the horse to stand up, but were unable to get it to stand on its
own four legs. They then took a head collar and some rope and Mr. Gray
attached the rope to its tail, it tried to stand up but was unable to.
The horse was then dragged, head and tail, towards the trailer. It was
pulled from the front then pushed from the rear in a see-saw motion.
Mr. Robert Seabrook QC, prosecuting then asked Mr. Harris if the horse
moved by itself, and Mr. Harris replied that it did not, he explained
that at one point it looked dead. The horse was eventually lifted up
into the trailer in the same see-saw motion; then the teenager gave it a
kick to make sure it was fully in the confines of the trailer. The court
was told the horse occasionally twisted but was being dragged all the
way, not smoothly at all. Mr. Phillips said that he expressed concern as
the horse was clearly in distress, and told Mr. Gray it might be best to
call a vet out or have it shot. The reply was the horse will be fine, it
just needed an injection.
A horse with similar markings, mane and colour to the one dragged across
the field was later found dead at Spindles Farm, unfortunately neither
Mr. Phillips nor Mr. Harris could confirm with 100 per cent certainty
that this was the same animal.
Michael Fullerton acting for the defence said that the ground sloped
downwards towards the trailer; Mr. Harris agreed that it did. Mr.
Fullerton then suggested the wet ground under foot, and the downwards
slope would have allowed the horse to slide to the trailer. Mr. Phillips
disagreed and said the ground was uneven and that it was dragging not
sliding.
Mr. Fullerton also went on to suggest that the teenager did not kick the
horse. Mr. Harris informed the court that he was close enough to confirm
the kick connected with the animal.
The case will continue tomorrow Tuesday 13th January 2009.
Mr. Geoff Higgins a health and welfare officer with Buckinghamshire
County Council Trading Standards was giving evidence today.
He told District Judge Andrew Vickers how on Sunday 6th January 2008, he
was asked to visit Spindles Farm, Chalk Lane, Hyde Heath, as RSPCA
officers had found a number of dead equines on the farm.
Robert Seabrook prosecuting, asked him what he had found there, and he
told the court that he discovered the carcases of several animals on a
rubbish heap. Photographs were taken of the field where the rubbish heap
was, so as to show the fact that livestock had access to the detritus
including any animal matter, which he said was plainly against the law.
He explained that the mound was scattered with general detritus, like
plastic and piping, he said it was a general rubbish tip, but there
wasn’t much in the way of recent additions.
There were lots of bones scattered across the surface which had the
appearance of jawbones and ribs, he said some of the bones appeared to
be protruding from the heap, as if they were buried, others were on the
surface.
He said how a nearby carcass caught his eye the animal had a rope tied
to its left hind leg. Mr Geoff Higgins said that the carcass was semi
decayed.
He told the court that animals in one of the fields had uninhibited
access to another field which contained the animal remains, because of
his findings a 7 day notice was served by him under the Animal
By-products Act, ordering the bones and rubbish to be removed. The
notice had to be posted through Spindles Farm house door, as Mr. Gray
was said to be unwell at the time.
Robert Seabrook QC, acting for the RSPCA asked Mr. Geoff Higgins to
explain to the court what his overall impression of the farm was. He
explained that he felt that things had got out of hand and had been let
go. He said there was an air of neglect about things. He told the court
how he was surprised at the mucky conditions for the animals. They were
eating their own bedding from what he could see. There was excrement in
the in a water trough, the animals didn’t have any water that was clean.
He explained that they appeared not to have been cleaned out for some
time.
The case is now adjourned until Monday 12th January 2009 at Bicester
Magistrates Court.
Nicki Cooke an RSPCA Inspector was the first witness called by Robert
Seabrook QC, acting for the RSPCA, to give evidence today.
She recalled how she attended Spindles Farm, Hyde Heath on Saturday 5th
January 2008 and checked the perimeter of property with Chief Inspector
Rob Skinner of the RSPCA, she told the court how they found a bay mare
wearing a rug (K15) which had a pussy eye, and was seen to be in a poor
condition when the rug was removed. She told also how they also
discovered a dark bay pony which looked unwell, and in the second
largest field a herd of 10 Shetland ponies, and a black cob that was
also in a poor condition with ribs sticking out (KH16)
Robert Seabrook QC mentioned to the court that at a property called 31
acres, which was land utilised by Mr. Gray for the grazing of some of
his horses, an RSPCA Inspector Mark Martin had discovered 2 horse
carcases on 10th January 2008, no charges were being brought by the
RSPCA in respect of this.
Mr. Fullerton acting for Mr. Gray and a teenager, interjected that this
information was not relevant to this case; he also said that it was not
a big deal with so many carcases around.
Mr. Seabrook acting for the RSPCA felt that it was, in that it showed
the environment in which the enterprise was run by Mr. Gray and his
family.
Inspector Mark Martin of the RSPCA was called next, and he recounted how
he had attended at Spindles Farm on Wednesday 9th January 2008, and took
photographs of the yard and field and also a trailer and its contents,
which was an equine bone. He also told how he took photographs of a
hoof, and some long bones in a muck heap, and also of some fallen barbed
wire fencing which was in a loop and could have been a danger to the
horses, he also photographed plastic wrappers and twine in fields 1, 2
and 3, and also in the yard. He explained how in his opinion these items
might be of danger to the animals.
Mr. Fullerton stated that Spindles Farm had been a dairy farm 6 years
previously, and indicated that might explain the bones, he asked
Inspector Mark Martin of the RSPCA if he had known that fact and
Inspector Martin replied that he had not.
After a short adjournment the court resumed, and Robert Seabrook QC
called his next witness
Mr. Nicholas Barry White, a field officer with
“World Horse Welfare, formally called the “International League for the
Protection of Horses” (ILPH) based in Norwich a charity organisation,
which as the name suggests deals with all aspects of horse welfare.
Mr. Nicholas Barry White had before joining the organisation been a
Metropolitan Police Officer for 30 years, latterly served with the
mounted division. He explained that he deals with all aspects of equine
welfare and helps with advice and education on any matters appertaining
to the welfare of horses, and works with the RSPCA when requested.
He told the court how on Friday 4th January 2008 at 4pm he arrived at
Spindles Farm, after receiving a telephone call from Chief Inspector Rob
Skinner of the RSPCA, he went on to explained how he met with RSPCA
Inspector Kirsty Hampton and a vet from Wendover Heights Surgery, and
explained how they discovered carcases and bones in the yard.
Roberts Seabrook QC asked about Pen 1 and Pen 2, and was told there were
2 carcases in Pen 3. When Mr. Nicholas Barry White was asked about the
conditions in the Pen , he replied by saying, there was no feed or
forage and there was string on the ground, the drinking was low and had
excrement in it. When he was asked about the condition of Pen 6, he
described them as narrow stalls with some protruding nails, the equines
were tied to the wall, and their movement was severely restricted, they
had no feed, no hay and no water, and the animals were kicking each
other in frustration, as they were much too close together.
There was a dead horse next to Pen 6, and there was muck on the floor,
droppings and old stray. Pen 4 he said contained 8 or 9 equines on
concrete, they were totally silent one could not hear any of the usual
sounds horses make, no sound of straw underfoot, no eating sounds or
drinking sounds at all. Pen 5 did have fresh water and was occupied by
thin donkeys, Pen 7 had 14 animals in one pen, a bay cob which was
unable to stand (KH1) was on concrete, and when rolled over it was
discovered to have a huge sore down its side. Pen 7, had a horse with a
swollen penis, Mr. Nicholas Barry White said that he felt the bedding
was wet and there was strapping on the floor which could represent a
trip hazard.
When he was asked by Robert Seabrook QC what was his opinion of the
conditions in the yard he replied with one word only “appalling”
Mr. Nicholas Barry White stated that there appeared to be no tack room
and no hard feed at all.
On 5th January 2008, Mr. Nicholas Barry White, informed District Judge
Andrew Vickers, that he had help unload some of the equines at The Horse
Trust at Speen.
Mike Fullerton, representing Mr Gray expressed concerns that Jamie
Gray and members of his family would not receive a fair trial, because
of all the media coverage. They pointed out that the family had been the
victims of hate mail and had received malicious phone calls from members
of the public threatening them, the Thames Valley Police were actively
involved, and Chief Inspector Stuart Greenfield, the local police area
commander for the Chilterns had apparently set measures in place to
protect Mr. Gray and his family, and the police would be taking very
seriously any threats to the family received during the trial which
might included the possibility of any public order offences taking
place.
The court was told by council representing Mr. Gray and his family, that
caution should be exercised when allowing the release of any RSPCA
photographs and DVD evidence used in the case especially when it
involved the juvenile family member.
The defence council told District Judge Andrew Vickers that this case
had received more media attention than most cases. It was pointed out
that the defendants had every right to a fair trial, and that any press
reporting of the case must be fair and accurate.
District Judge Andrew Vickers pointed out that this was a private
prosecution being brought by the RSPCA and there was no jury involved,
so he was allowing photographs and video taken by the RSPCA to be
released to the public.
Chief Inspector Rob Skinner of the RSPCA gave evidence today and told
District Judge Andrew Vickers at Bicester Magistrates court that he had
discovered the bodies of 20 animals left rotting among more than 100
horses, ponies and donkeys allegedly left to starve.
RSPCA Chief Inspector Rob Skinner told Bicester Magistrates' Court Mr
Baskerville said one of the equines “would die if it was left” at the
farm.
Mr Baskerville also recommended a number of animals be removed from the
farm following examinations , three of which were “in need of specialist
care”. These included an animal referred to in court as animal KH8.
Mr Skinner told the court: “Mr Gray stated there was no need to take
animal KH8 at all. He said it had a snuffly nose and he was already
treating that.
“Mr Baskerville repeated KH8 should be removed. Mr Gray then said, 'You
are on their side as well'.”
Mr Skinner added Mr Gray's wife Julie, 41, told Mr Baskerville: “You've
always had it in for my husband.”
When the RSPCA inspectors left the farm, they told Mrs Gray to ensure
the animals were given food and water.
They returned the next day, and found “good quality hailage” was being
provided to animals in one of the fields. Mr Rob Skinner told the court
the hay bale was not there the previous day.
He said however a horse was found in the field away from the food supply
which upon inspection was found to have a badly infected eye. He told
the court a total of 37 horses were in the field that day and “several
were in poor condition”.
On January 4, when the inspectors first visited the farm, 31 carcasses
were discovered and 14 animals were removed as they were considered to
be suffering or likely to suffer if they were not removed. On January 9,
97 animals were taken away from Spindles Farm.
Another carcass was found on January 5, which Mr Skinner told the court
“had been there some time”. A further four horses were put down by vets.
Mr Gray said initially the dead horses had died from worms.
Mr. Mike Fullerton, representing Mr Gray, asked Mr Rob Skinner if worms
can kill an equine. “It's certainly a major contributory factor,” he
replied.
Mr Fullerton asked Mr Skinner if he had asked when the animals had last
been wormed. Mr Skinner said he did not. While being cross-examined, Mr
Skinner also said he had not asked when the animals had last been fed
and how often they were fed.
Mr Fullerton asked: “Did you consider that might be relevant before you
looked round the farm further?”
Mr Rob Skinner replied: “We had grounds to suspect an offence had been
committed. Therefore we commenced an investigation.”
He added he considered the questions suggested by Mr Fullerton to be
more appropriate in an interview situation “rather than a conversation
in a dark, wet yard”.
Chief Inspector Rob Skinner also described how he found one pony (Called
C20) lying on a trailer with a rope still tied to its tail with the
other end attached to the trailer. The court was told at times Mr. Gray
became aggressive towards those handling the investigation.
The trial of the 5 members of the Gray family of Spindles Farm, Hyde
Heath has been adjourned until Monday 15th December 2008 at 10.30am,
while district judge Andrew Vickers, sitting at Bicester Magistrates'
Court, considers an application from the Sun newspaper.
The Sun newspaper has requested that photographs and video evidence
shown in court during what promises to be the highest profile equine
welfare trial ever to be held in the UK, can be released to the public.
Kirsty Hampton an RSPCA inspector told Bicester Magistrates court
that she had found the bodies of 20 animals rotting at Spindles Farm on
4th January 2008
Kirsty Hampton said some carcasses were left in pens with live horses,
others were burnt and dumped next to a bonfire while some were simply
left lying on the ground covered in rubbish.
One dead horse was found on the back of a trailer with ropes around his
tail and neck, she said.
The court heard how she discovered the "horror scene" after being called
to Spindles Farm at Hyde Heath in Buckinghamshire, run by 45-year-old
horse trader James Gray.
Kirsty Hampton said she was called to Spindle Farm after receiving a
call about the horses on the farm.
She immediately discovered two dead horses lying with nine live animals
in a pen and then pointed out two more bodies which were covered by an
old tarpaulin.
She said: "I asked Mr. Gray how the horses had died and he replied that
you always get a few that die when you have this many.
"I asked him how they died and he replied: 'The worms'."
Miss Hampton told the court she found horses in over-crowded pens
covered in faeces with no clean water, feed or dry bedding.
She said one horse was so "painfully thin and weak" that it could not
stand up while another was left with blood dripping down its leg from a
serious infection.
She said some animals were so thin she was able to see their spines and
rib cages, she found evidence that some distressed animals had been
biting and kicking each other.
She told the court that two dead ponies were found in a dilapidated shed
while three more bodies were found badly burned with rubbish on them
next to a bonfire.
More bodies, including two Shetland ponies, were found dumped in other
locations around the farm, she claimed.
Miss Hampton said Mr Gray became aggressive towards the inspectors and
threatened to set a Rottweiler dog on them. She also said she later
discovered one of the tyres on her van had been slashed.
The inspector told the court that she and her colleagues returned to the
farm over the following days where more bodies were found and more
animals had to be put down. She also discovered a pile of seven horse
skulls next to a gate.
The worst case of animal cruelty ever seen, where animals were left
to starve to death at Spindles farm, Chalk Lane Hyde Heath, in
Buckinghamshire started yesterday Monday 8th December 2008.
On trial are James Gray, 45, Julie Gray, 41, Cordelia Gray, 20, all from
Spindles Farm, and 26-year-old Jodie Gray, of Park Road, Ashford,
Middlesex, and a teenager who cannot be named for legal reasons, at
Bicester Magistrates Court, all family members each face a total of 12
charges under the Animal Welfare Act 2006. The offences relate to
causing unnecessary suffering to, and failing to meet the welfare needs
of, horses, ponies and donkeys in their charge. Each faces a possible
prison sentence of up to six months and a £20,000 fine, as well as a
possibility of a lifetime ban on keeping animals.
District Judge Andrew Vickers, sitting at Bicester Magistrates' Court,
heard how more than 100 horses, ponies and donkeys were left to starve
among the carcasses of other animals at the Buckinghamshire farm. The
horrid scenes and total carnage was uncovered after RSPCA inspectors
were called to the Gray family's property, Spindles Farm, Chalk Lane in
Buckinghamshire, on 4 January 2008, they found at least 15 dead animals
and removed 115 horses, donkeys and ponies to animal sanctuaries for
safety over the next four days. Four more horses were so ill they had to
be destroyed immediately.
Prosecuting for the RSPCA, Robert Seabrook QC said hardened RSPCA
officers, vets and police were confronted by "a grotesque and disturbing
state of affairs". As they crossed the fields owned by meat trader Jamie
Gray, they were greeted with 'the repugnant smell' of rotting flesh.
"Perhaps most extraordinary, disgusting and distressing of all, a number
of carcasses of dead horses [were found] some in the pens with other
live horses cooped up around them. Many of the surviving animals were
next to carcasses in varying states of decomposition and the smell of
rotting flesh was "overpowering", said the prosecutor.
Many were so malnourished that they could not stand and were discovered
collapsed in the faeces of other horses, the judge was told. some were
tethered individually and other were loose in the paddocks.
Robert Seabrook QC, prosecuting for the RSPCA, said the accused showed a
'callous indifference to the welfare and suffering of his animals'.
As the full extent of the animal cruelty became apparent, Vet Katherine
Robinson told investigators how 'the smell of rotting flesh was
overpowering'. Miss Robinson sank to above her ankles in faeces, urine
and straw when she entered one pen, said Mr Seabrook.
Miss Robinson's boss, senior equine vet Bob Baskerville was sent for. Mr
Baskerville was forced to destroy a piebald gelding covered in abscesses
and another animal almost immediately, including an extremely emaciated
mare suffering chronic diarrhoea and a severe eye infection.
The experts quickly realised that the dead animals had not been killed
humanely, but instead were left to starve over many months, Mr Seabrook
said.
“Mr Baskerville has been a vet since 1955 and he said it was the worst
case of animal cruelty and unnecessary suffering he had ever
encountered,” said Mr Seabrook.
'A number of animals had plainly been dead for many days and some of
them months,' Mr Seabrook said. The court heard that over 15 different
carcasses were found around the site which had died on their feet from
starvation and in one pen three severed hooves were found alongside the
bodies of two horses - none of which belonged to them, it was claimed.
and a mound made up of bones and skulls was discovered.
A witness Helen Evans saw the meat trader drag a horse to a trailer
using a rope tied around its neck and tail as it winced in agony, it was
said.
The defendants deny all charges, and all gave no comment interviews when
spoken to by police.
The trial which is expected to last 10 weeks was adjourned after the
opening prosecution speech and continues tomorrow (Wednesday 10
December).
The first day of the trial was taken up in legal argument.
The case was adjourned until Tuesday 9th December 2008 at 10.30am when
prosecutor Robert Seabrook QC is expected to outline the prosecution's
case to the court.
All About Me
Animal Welfare
James Gray Sentencing 12/06/09
Download RSPCA Press Release
RSPCA
Chief Inspector Rob Skinner
outside Bicester Magistrates Court.
RSPCA
Inspector Kirsty Hampton
(Photo © RSPCA/Andrew Forsyth)
A peaceful group of Animal Rights protesters
Bicester Magistrates Court
Monday 12th January 2009