HUNTING FOR ANSWERS

The Countryside Alliance Chief Executive examines the Hunting Act's farcical progress:

The Hunting Act was thrown into further confusion today at Portsmouth Magistrates Court on the first day of what was scheduled to be a seven-day trial of the Isle of Wight foxhounds.

Four barristers, two solicitors, four defendants and the District Judge struggled to find a solution to the vexed question of where the burden of evidence of proving “exempt hunting” lies. Eventually, after frantic phonecalls between the court and another District Judge in Bristol, who was scheduled to hear the case against the Devon and Somerset Staghounds next week, no answer was forthcoming and the Isle of Wight trial was adjourned.

It seems that the answer will come not from a Magistrates Court but from the High Court, as both parties in the Devon and Somerset case have agreed to appeal this point of law to a higher court. This will cause a significant delay in all “exempt hunting” cases. The Isle of Wight case has been put back, provisionally, to the beginning of May 2008, and we expect that the Devon and Somerset trial will also be delayed for at least that long.

Meanwhile, we still await the outcome of Exmoor Foxhounds Huntsman Tony Wright’s appeal against his conviction, which may come at the end of next week, and also the ruling of the House of Lords in the Human Rights and European Law case, also due in the near future.

Sometimes it is perfectly acceptable to say “I told you so” and we certainly told Parliament that the Hunting Act was going to cause nothing but chaos and confusion. Whilst it is easy to write this off as simply another chapter in the farce that is the Hunting Act, there are serious points which should not be overlooked: decent people are being dragged through the courts facing criminal charges with no idea where or when the process will be complete. Today alone, over two weeks of court times which were booked for criminal trial will stand empty as a result of this ridiculous law.

Another day, another unanswerable argument in the case for repeal.

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CONFUSION INCREASES

Confusion over the Hunting Act has increased after the huntsman and whipper-in of the Quantocks Staghounds were today found guilty of illegal hunting in the second case brought against a hunt.

Richard Down and Adrian Pillivant, along with many other members of the Quantock Staghounds, gave evidence that they had been flushing deer to concealed guns on 16th February 2006, as they thought the law allowed. Six deer were shot dead. But the district judge found that their hunting was not 'exempt', and that their belief that their hunting was exempt was not 'reasonable'.

Since the Hunting Act came into force the Quantock Staghounds have acted entirely responsibly. They consulted legal experts, the hunting authorities and the police. This judgement contrasts with all their interpretations of the Act.

On the day in question they hunted with two hounds, as stipulated by the Act, and ensured that there were experienced guns in place to shoot the deer they flushed as soon as possible. They shot six deer. If this is not flushing to guns I don't know what is.

In his evidence Professor Patrick Bateson of Cambridge University described the law as "imprecise". If it is not clear to him what the law means then it is ridiculous to suggest that hunts should understand it in exactly the same way as the courts.

In the end there is one simple solution to this mess which will end all the confusion, and the waste of police and court resources. The Hunting Act is a bad law and needs to be got rid of.

The Quantock Staghounds are consulting their legal team and are likely to appeal this judgement. The Countryside Alliance and the Council of Hunting Associations have said that they will pay each man's fine of £500 and £1000 costs, and will also underwrite the cost of any appeal.

The Quantocks remain the frontline of the fight against the Hunting Act, and all donations to the appeal fund would be welcomed. Please send donations to the Appeal Fund c/o the Countryside Alliance at the Old Town Hall, 367 Kennington Road, London SE11 4PT.

POLICING THE HUNTING ACT

There was good news from the Isle of Wight on Monday when the four members of the Isle of Wight Hunt, who had been arrested in a series of ludicrously over-dramatic 'dawn raids' last week and questioned about alleged Hunting Act offences, heard that the Crown Prosecution Service had decided that they had no case to answer. Both our Chairman Kate Hoey MP and local MP Andrew Turner had written to the Chief Constable of Hampshire asking some searching questions about why the investigation was handled as it was.

Everyone understands that the Hunting Act is a confusing and unclear law, and that the police might want to ask exactly what hunts are doing, but when everyone connected with the hunt would have voluntarily attended a police station for questioning, the use of large numbers of officers is bound to leave local people with serious questions about policing priorities.

Generally, the policing of the Hunting Act has been so sensible that exceptional incidents like this stand out. Most police forces understand that this sort of heavy handed and wasteful policing, especially when it is based on allegations made by well known animal rights activists, risks sparking a breakdown in the relationship between the police and the rural community, which is exactly what we should all be trying to avoid.

Beginning on Monday in Taunton Magistrates Court, Richard Down and Adrian Pullivant of the Quantock Staghounds face a private prosecution under the Hunting Act brought by the League Against Cruel Sports. This is only the second Hunting Act case to reach the courts following Tony Wright's prosecution last year. Tony's case is being appealed and will be heard in Exeter Crown Court later in the summer. We wish Richard and Adrian all the best and will be reporting from Taunton as the case progresses.

Whatever the outcome, there is one thing we can be confident of: the Hunting Act has failed all the expectations the animal rights movement had for it. The determination of the Countryside Alliance and the hunting community to see the Hunting Act repealed remains undiminished.

Simon Hart

HUNTSMAN WILL APPEAL COURT DECISION

Countryside Alliance Press Release

Exmoor Huntsman Tony Wright will launch an appeal against his conviction for an offence under the Hunting Act following today’s verdict in a Barnstaple magistrates’ court.

Tony Wright was found guilty despite undisputed evidence that he was attempting to comply with the conditions for ‘exempt hunting’ with two hounds, a marksman and that a fox was shot.

Simon Hart, Chief Executive of the Countryside Alliance, said: “No right minded person thinks that Tony Wright should have been branded a criminal.

“If people were confused about the Hunting Act before today they will be a lot more confused now. We believe that he was trying to comply with the law as he understood it and will be supporting his appeal.

“This is a piece of legislation which took seven years and 700 hours of parliamentary time to get onto the statute book yet still it is illogical and unclear.

“Any law which can put a man like Tony Wright through nine months of court action and tell him he is a criminal for doing something he believed was entirely legal clearly isn’t working”.