RSPCA drops case against Clients, following two year Prosecution, the moral is to never give up.
The case highlights the worrying trend that we have seen of our client’s horses dying in the care of the RSPCA and its agents.
Our clients have been subject to proceedings from the RSPCA since early August 2018, when there three beautiful horses were removed from their field. There was the usual RSPCA Inspector conduct of entering private property unlawfully with a veterinary surgeon to investigate the horses. The Police attended to assist their ‘Partner Agency’ to remove the fit and healthy horses.
Prior to being instructed one of the horses died whilst in the RSPCA care. The horses removed were not identified as suffering and were all in perfect body condition. The reasons for the removal was that they might suffer if their circumstances didn’t change. The RSPCA vet claimed that there was a lack of shelter and shade. The RSPCA’s own photographs showed the field boarded by trees, providing shade to the animals.
Another of the charges was that the horses had not been provided with a suitable diet. Yet all three horses were identified by the RSPCA own veterinary surgeons as being in body condition scores between 2-4, it was very surprising to our clients to be charged with an offence that stated that their beloved horses had not been provided with a suitable diet.
The reasons for the removal of the horses were spurious at best and would have been challenged fully at any trial, with the support of a defence veterinary expert. Who provided a full defence to our clients on the veterinary facts.
If the matter had progressed to trial, having identified an unlawful entry to the field by the RSPCA and veterinary surgeon an argument under Section 78 of PACE 1984 would have been run.
In addition, an Abuse of Process had been identified, before any argument of this abuse was heard by the Court, the RSPCA withdrew the charges against our clients. The Abuse centered on the Solicitor instructed by the RSPCA to manage the case, provide disclosure and at the outset settle Legal Submissions on behalf of the RSPCA. The Solicitor instructed by the RSPCA had previously been involved in other legal matters with our client. This was never disclosed by the RSPCA or the Solicitor instructed.
The news of the death of our clients remaining horse, was provided by the RSPCA on the day of the Abuse of Process argument. Our client was to be called to give evidence, and you can only imagine the impact that this had, to be told the news, just before a Court hearing. We will leave you to draw your own conclusions regarding the timing of this news.
Our clients were very pleased with the outcome of the case, but the victory comes at the bitter lose of their three beautiful horses, which were removed in August 2018, and will not be coming home to them, all for nothing.