EXMOOR HUNTSMAN FIRST TO BE CONVICTED UNDER NEW HUNTING LAWS

Jon Land
24dash.com

The first prosecution brought against a huntsman for contravening the new hunting laws today resulted in a successful conviction.

Exmoor Foxhounds huntsman Tony Wright, 52, was fined £500 and ordered to pay £250 costs by District Judge Paul Palmer after a week-long hearing at Barnstaple Magistrates' Court, in Devon

Wright, of Exmoor Kennels, Simonsbath, pleaded not guilty to the charge of hunting a fox on April 29 last year contrary to the Hunting Act 2004.

The private prosecution by the League Against Cruel Sports was the first in England against a fox or stag hunt under the act.

The judge told Wright: "I understand the difficulty that everyone has with the act coming into force."
He added: "What I saw was not exempt hunting."

Giving the reasons for his finding, the judge said he was of the view that Wright was hunting with two dogs.

The prosecution followed video evidence gathered by the League which was shown to the court.
The Foxhounds claimed they were operating under "exempt hunting" provisions in the act which stipulated each of the two hounds should be kept under sufficiently close control for the fox to be shot as soon as possible after flushing.

The judge said the videos showed the hounds following the line of the fox at speed without immediately being called off.

There was a "substantial period" of chase for each of the two foxes seen on the videos.
Long after the foxes were flushed they were being followed by the hounds, which was hunting in the judge's view.

There was only one marksman, who was not going to be in the position to shoot the animal as soon as possible.

The judge said no reasonable steps were taken to shoot the fox as soon as possible and the dogs were not under close control as required by the hunting exemption.

During the case the League claimed the Foxhounds acted with "wilful disregard" of the Act, and what they did bore all the hallmarks of traditional hunting.

Mr Wright, who believed he had complied with the act told the court that five foxes were flushed that day, one of which was shot, the others got away.

The Countryside Alliance said Wright would launch an appeal against his conviction.
After the case, Wright said: "We are going to have to have a serious look at the judgment today and the Act and see where we go from here.

"I can assure you we will be continuing and trying to stay within the Act as I always have done.
"It is very disappointing and we will have to see what happens after this."

Labour peer Baroness Ann Mallalieu, President of the Countryside Alliance, said: "If Tony Wright is a criminal then so are most of the country people in this country.

"I would just like those members of Parliament who voted for this ridiculous legislation to have been in court to see the sort of people they have turned into criminals.

"If this judgment is to stand it would be impossible to use dogs of any sort to flush foxes from almost anywhere.

"As soon as the animal is running and the dogs are running behind it, on the judgment which has been given today, that is hunting," she said.

She said if the exemption contained in the Act meant anything: "I cannot imagine where it could possibly apply.

"The Act has got to be repealed and will be repealed," she said.

The League's head of public affairs Mike Hobday said: "This case makes it clear chasing foxes with hounds is a criminal offence.

"Those people who still get their entertainment from being cruel to foxes are being put on notice their activities have been found illegal."

Chief Executive of the League Against Cruel Sports Douglas Batchelor said: "The message from this case is absolutely clear - it is a crime to chase a fox with hounds.
"People who hunt do so because they wish to torment a fox. The Hunting Act has taken away their playtime.

"I would now expect the police to be visiting their local hunts to make it clear that they are not allowed to pursue foxes.

"If we become aware of other hunts acting illegally we will have no hesitation in passing on the information to the appropriate authorities," he said.

Copyright - Press Association 2006.

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