Sandeep
Kainth overturns his ruling
Oxford Magistrates Court Monday 14th April 2008
The court order for the return of the 29 donkeys and
ponies, along with the sale at auction of 82 other horses, was made by
Deputy District Judge Kainth following an application by the Gray family
for their return, under Section 20 of the Animal Welfare Act 2006.
The RSPCA contested this application, and had argued that they should be
allowed instead to oversee the rehoming of the animals in order to
safeguard their future welfare.Today the judge ordered a "stay" meaning
the animals will remain in the care of the RSPCA pending a high court
appeal against Judge Kainth's original decision.
The animals will remain where they are until the
outcome of the judicial review is decided.
The pre-trial review for the RSPCA’s criminal case against James John
Gray, Julie Gray, Cordelia Gray and Jodie Gray * along with a 15 year
old male * will be heard on 28 April 2008 at Oxford Magistrates Court.
They face 12 charges related to section 4 and section 9 of the Animal
Welfare Act 2006 and cover causing unnecessary suffering to and failing
to meet the welfare needs of a total of 125 horses, ponies and donkeys,
removed from Spindle Farm between 4 and 12 January 2008.
Today the judge ordered a "stay" meaning the animals will remain in the
care of the RSPCA pending a high court appeal against Judge Kainth's
original decision.
As the judgement was made a packed public gallery
stood up to applaud Judge Kainth's decision.
Phillip Williams, representing Mr Gray, described today's application
for a stay as " frivolous", adding : "The animals must be returned
forthwith."
Philip Havers QC representing the RSPCA said: "If you were to enforce
the order and refuse the application you would effectively pre-empt the
outcome of the appeal." He added: " If the animals are returned to Mr
Gray in the meantime their welfare would be in jeopardy."
He also said that there would be a risk of suffering to the donkeys and
ponies if they were returned as donkeys were among the dead animals
removed in January.
Also, prosecution vet Robert Baskerville found that one of the donkeys
was “considered to be at risk of death within hours or days unless it
received urgent specialist treatment.”
“We are, of course, delighted that the animals will remain in the care
of the animal welfare charities for the immediate future and hope we
will be able to secure their long-term well-being,” said the RSPCA’s
Chief Officer Tim Wass.
Judge Kainth said: " My original ruling on the 4th April is to be, with
immediate effect, suspended. It is for the High Court to determine how
best to proceed."
Mr Gray, who did not appear in court today, he was ordered to pay £3,000
prosecution costs although his solicitor indicated he planned to appeal
that decision
What
Katy Did
Animal Welfare
The Demonstration for this Friday 18th April 2008 has now been called
off as the 11 donkeys and 18 ponies will now not be going back on that
day. Thank you to all you lovely people who were going to come and
support us.
