COURT CASE 'WILL MAKE HUNT STRONGER'

By Phoebe Smith
Denbighshire Free Press

THE Denbigh and Flint Hunt will be stronger than ever, according to Master of the Hunt Jeremy Reed, despite the controversial sentencing of its "terrier man".

William Francis Armstrong, 69, of Cefn Home Farm, near St Asaph, was fined £200 plus £60 court costs for hunting a wild animal with dogs, at Prestatyn Magistrates' Court on Monday. But Mr Reed said he was confident that membership will not fall in the slightest and he sees no reason why the hunt will be affected.

"We're only talking about a minor infringement of a technicality," he said. "It is really no different to someone driving at 35mph in a 30mph zone.

"The law is so ambiguous – it can be read in a number of ways. In this instance we did slip from the hunting law and we're sorry we did it but we will carry on hunting within the law as we have for the past two years.

"We've had amazing support from the community and farmers, and all members of the hunt are standing behind us, so we'll only get stronger," he said.

Mr Armstrong pleaded guilty in what is thought to be the first prosecution in Wales under the Hunting Act 2004.

Gareth Preston, prosecuting, told District Judge Andrew Shaw that Mr Armstrong was seen sending a terrier down a hole on the Clwydian hills, on January 2, by off-duty policeman Stephen Whitfield who was walking in Moel Llys-y-Coed.

Mr Armstrong had started digging and eventually shot the fox with a .22 pistol. Mr Preston said that under the law Mr Armstrong should have made sure that there was another exit from the hole before he sent the terrier down as they should only be used to locate and flush the fox out.

He said Mr Armstrong should also have used a shotgun to kill the fox as it is more humane than a pistol.

Defending solicitor, Gwyn Jones, said that Mr Armstrong did accept on this occasion that his actions were not in accordance with Section 1 of the Hunting Act.

"Whatever political or moral views people have on hunting, the one aspect universally supported is that a fox should not suffer any more than is necessary," said Mr Jones.

But he said it is often hard to see if there are more exits from a hole.

Mr Jones said that since the incident Mr Armstrong had given up his position with the hunt, given away the dog and handed his pistol and gun licence to the police.

Mike Hobday, head of prosecution with the League Against Cruel Sports, said: "This case shows that fox hunting is a public activity and if people go out and break the law they may well be seen and taken to court.

"Hunting with terriers below ground is a particularly cruel form of hunting. I am very pleased that the cruelty of fox hunting has been dealt with and punished in this case," he added.

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TERRIERMAN FINED £200 FOR HUNTING IN WALES

Horse & Hound

A terrierman with the Flint and Denbigh hunt in Wales has been fined £200 after pleading guilty to hunting a wild animal with a dog.

William Francis Armstrong, 69, was also ordered to pay £60 costs by Prestatyn Magistrates Court yesterday (Monday 30 July).

"Mr Armstrong hadn't fulfilled all the technical exemptions for terrier work," said Countryside Alliance spokesman Tim Bonner. "We would again urge everyone carrying out exempt hunting to make absolutely sure they know what they are doing."

Charges brought against landowner Peter Rowley Williams, 48, connected with the same incident on 2 January 2007 (news, 19 July), were dropped.

This was the first case under the Hunting Act (2004) in Wales, and fifth prosecution to be brought against a hunt in England and Wales.

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STORM OVER FIRST HUNT FINE

Darren Devine, Western Mail

RURAL campaigners yesterday reignited the hunting debate after Wales’ first prosecution under the Hunting Act saw charges dropped against one defendant and another fined £200.

A pro-hunting group said the case against 69-year-old William Francis Armstrong showed the hunting laws were ill-conceived and had triggered confusion across the nation.

Armstrong, former terrierman with Flint & Denbigh Hunt was ordered to pay £60 costs in addition to a £200 fine at the 2004 Act’s first Welsh test at a hearing at Prestatyn Magistrates’ Court.

Armstrong, of Cefn Home Farm, St Asaph, was prosecuted for four breaches of the Hunting Act 2004, all designed to ensure foxes were killed humanely.

But, defending, Gwyn Jones told the court the breaches were “technical” matters and in a gamekeeping career spanning 40 years Armstrong had always minimised the suffering endured by any animal.




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The court heard how off-duty police sergeant Stephen Whitfield stumbled across the hunt in the Clwydian mountain range, in Denbighshire, on January 2.

Sergeant Whitfield saw a pack of 15 to 20 baying foxhounds gather around a hole in a steep bank while a group of strategically positioned horse riders looked on. He then saw Armstrong put a terrier down the hole, before digging out a fox and shooting it with a pistol.

The law says hunting with terriers is only allowed to protect gaming birds, but Gareth Preston, for the prosecution, said the only gaming birds in the area were ones that had strayed from nearby land.

The Act also said those involved in hunts must gain written permission from the landowner for the hunt, but Armstrong had failed to secure this.

And the court heard the fox had run into a “single-entry hole”, and it was forbidden to send a terrier into a hide of that nature. The law said terriers should only be used where there was a second entry hole to allow the fox to be flushed quickly and prevent the two animals fighting.

Mr Preston said Armstrong failed to indicate whether any checks were made for a second hole.

Armstrong had also used a .22 pistol to kill the fox, when the legislation said a shotgun must be used. Mr Preston described the weapon used to dispatch the animal as “entirely inappropriate”.

But Mr Jones said there were all manner of practical problems around the issue of humanely killing a fox. He said it was difficult to predict where a fox would go to ground and when it did it was up to the huntmaster to seek permission from the landowner to kill the animal.

Mr Jones also said the legislation created the potential for unnecessary harm to the fox, because it had to be allowed to leave the den before being shot.

He said, “Once you’ve located the fox the animal must be given the opportunity to leave the earth and this is where the difficulty arises.

“The potential for harm is there because the fox has to be allowed to escape to be shot by a competent person, with the potential that it will suffer for days afterwards.”

Mr Jones said Armstrong had been involved with terrier work since the age of 12 and had never attracted criticism for the way in which he had killed a fox.

The court also heard that Armstrong’s health had suffered as a result of media interest in the case and he had given up his position as terrierman. Armstrong had since given away the dog he sent down the hole and handed back his pistol and shooting licence to the police.

Charges were withdrawn against his co-defendant, land- owner Robert Peter Rowley Williams, of Llangwyfan, Denbighshire.

The Countryside Alliance said the case proved anti-hunting legislation must be repealed.

“As we understand it the offences were technical breaches of the Hunting Act. It was unfortunate, but predictable given the complication and confusion around the law,” said Tim Bonner.

“The police have spent weeks investigating the case and the key point is that it’s not about whether foxes are killed or killed in a way which is humane, but whether you can comply with the letter of a very complicated law.

“The sooner it’s repealed and people can carry out pest control in a way they see fit the better.”

Speaking through his solicitor Armstrong questioned why the authorities had devoted resources to a prosecution he regarded as unnecessary.

He said, “I’m relieved that the matter has been concluded once and for all, but I would question why it was necessary to pursue these proceedings.

“The fact that so much resources were put into it clearly indicates that there is no real crime in rural Denbighshire.”

A spokeswoman for the Crown Prosecution Service said the decision to bring charges was reviewed against the same procedures that applied to all its cases.

“There was a clear and obvious breach of the law and that’s why the case went ahead,” she said.

A North Wales Police spokesman said the matter was dealt with proportionately and in co-operation with CPS.

Mike Hobday, head of public affairs for the League Against Cruel Sports, said the case showed that anyone who publicly flouted hunting laws could expect to be penalised.

“It shows that fox hunting is a public activity and if people break the law they may be seen and end up in court and with a criminal record,” he said.

District judge Andrew Shaw said the fine reflected both the mitigating features in the case and the fact a criminal offence had been committed.

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MAN FINED IN HUNTING ACT 'FIRST'

BBC NEWS

A 69-year-old has been fined £200 after what is believed to be the first case in Wales under the Hunting Act 2004.
William Francis Armstrong from near St Asaph, Denbighshire, admitted hunting a wild animal with a dog after he was seen putting a terrier into a hole.

The terrier man, who was not at the hearing at Prestatyn Magistrates' Court, was ordered to pay £60 costs.

Another case against a man for permitting land to be used for hunting was dropped by the prosecution.

The charge was brought against Armstrong after he was spotted by an off-duty police officer on the Clwydian Hills above Llangwyfan, Denbighshire on 2 January.

Gareth Preston, prosecuting, said the sergeant had been out walking and noticed sheep running ahead of the Flint and Denbigh Hunt.

From a distance, he watched the hunt close in on a fox hole and saw Armstrong, the terrier man, bring a terrier dog to the hole and send it down the hole.

Armstrong was then seen using a spade to dig down after the dog towards the fox, the court heard.

When later questioned by police, Armstrong had said he was a terrier man for the Flint and Denbigh hunt and admitted he had sent a dog in.

He had also described how when the fox did come out of the hole, he shot it with a pistol.

The 2004 act allows a fox to be humanely destroyed under specific circumstances but Armstrong had not carried out certain checks it requires.

He had not ensured there was another hole from which the fox could be flushed out. This is to avoid the dog cornering the fox underground.

Armstrong also failed to give the fox a chance to escape before he shot it and should have used a shotgun instead of the .22 pistol.

Gwyn Jones, defending, said Armstrong had been involved with terriers since he was 12 and had not intended to cause the fox any distress.

He added: "Whatever political or moral views people have on fox hunting, the one aspect universally supported is that the fox need not suffer more trauma than necessary."

District Judge Andrew Shaw, however, reminded the court that fox hunting with dogs is illegal.

The court also heard that the clerk could only find details of two other prosecutions in Britain brought under the ban in Scotland and Chester.

Both had been more serious cases, as a terrier had been used to kill the fox.

A case against landowner Peter Rowley Williams, 48, of Llangwyfan, for permitting land to be used for hunting on the same day, was dropped by the prosecution.

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FIFTH HUNT PROSECUTION REACHES COURT

Horse & Hound

A landowner and terrier man from the Flint and Denbigh hunt in Wales are to be prosecuted under the Hunting Act.

Tenant farmer Peter Rowley Williams, 48, of Llangwyfan near Denbigh, was due to appear before Prestatyn Magistrates on Monday, 16 July, charged with permitting his land to be used for illegal hunting on 2 January 2007.

Terrierman William Francis Armstrong, 69, of Cefn, was also due to appear in court on Monday, charged with hunting a wild animal with dogs on the same date. But the case was adjourned to a later date.

While the Flint and Denbigh declined to talk to H&H, Countryside Alliance (CA) spokesman Tim Bonner said Mr Armstrong has been charged over an alleged technical breach of the terrierwork exemption of the Hunting Act. It is legal to use a terrier below ground to flush out a mammal, provided the handler has written permission from the landowner and fulfills other exemptions.

He added: "It's not clear what evidence the police have to suggest Mr Williams 'knowingly permitted' illegal hunting on his land. We believe he had given the Flint and Denbigh permission for legal hunting."

Mr Bonner stressed there have been only a handful of prosecutions since the Hunting Act (2004) came in to place in February 2005. While the case was "regrettable", he said it was only the fifth in about 47,500 days' hunting.

This is the second case brought by the crown, the first being against the Devon and Somerset Staghounds. LACS has successfully brought private prosecutions against the Exmoor Foxhounds and Quantock Staghounds — both are being appealed — with a case against the Isle of Wight pending.

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FIRST HUNTING CASE BROUGHT BY POLICE

Western Mail

THE first hunting case has been brought by police in Wales since the Hunting Act became law three years ago.

Last night it was revealed that landowner Peter Rowley Williams, 48, of Llangwyfan on the Clwydian hills in Denbighshire is to appear before Prestatyn magistrates next week charged with permitting land to be used for hunting on January 2 this year.

William Francis Armstrong, 69, of Cefn, St Asaph, will appear with him charged with hunting a wild animal with dogs on the same day.

It is believed the charges arise from an incident during a meeting of the Flint and Denbigh Hunt, of which Mr Armstrong is “terrier man”. The hunt is based at Cefn.

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