HUNTSMEN'S APPEAL DISMISSED

Somerset County Gazette

TWO men found guilty of hunting with dogs have had an appeal against the judgement dismissed.

Huntsman Richard Down, 44, from West Bagborough, and whipper-in Adrian Pillivant, 36 from Willand in Devon were found guilty of breaching hunting laws while out with the Quantock Staghounds and fined by magistrates back in June.

They always said they were acting within the remits of "Exempt Hunting" and appealed against the verdict earlier this month, backed by the Countryside Alliance.

But on Friday, a High Court Judge sitting at Taunton Crown Court handed out a judgement dismissing their appeal.

In the first appeal of its kind The Honourable Mr Justice Wyn Williams ruled that although both men did not set out to break the law, their activities did not constitute "Exempt Hunting", where the practice of finding, flushing and shooting at the first available opportunity must be adhered to.

The case was brought after two representatives from the League Against Cruel Sports filmed members of the Quantock Staghounds during a hunt in February.

Prosecution barrister Richard Furlong claimed the men were hunting for sport, chasing the deer and not shooting at the first available opportunity.

Defence barrister Neil Ford QC had said that given the complexity of the provision with regard to hunting deer, it was reasonable for the appellants to believe they were taking part in Exempt Hunting.

In conclusion the judgment states: "We consider that the appellants have failed to discharge the burden upon them to prove that they were actually engaged in exempt hunting."

Outside court the League Against Cruel Sports prosecutions manager Mike Hobday said: "We are delighted with the verdict. This is not just about two individuals - it affects hunts across the country."

Solicitor Tim Hayden, speaking on behalf of Mr Pillivant and Mr Down said: "There are a number of things in this judgement that do encourage the hunt.

"The Quantock Staghounds will be ensuring that it continues lawful hunting."

Countryside Alliance chief executive Simon Hart added: "We remain convinced that Richard Down and Adrian Pillivant believed what they were doing on that day in February 2006 was legal hunting. Surely it cannot be reasonable to have expected these men to have interpreted a law, which even its supporters describe as ambiguous, in exactly the same way as a High Court Judge."
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HUNTS DETERMINED TO CONTINUE DESPITE QUANTOCK APPEAL FAILURE

Horse & Hound

The West Country staghound packs have resolved to find a way to continue hunting within the law following last week's dismissal of an appeal by the Quantock Staghounds.

Huntsman Richard Down and amateur whipper-in Adrian Pillivant appealed against their June conviction of hunting a wild mammal with dogs. The case centred on the exemption, under the Hunting Act, of flushing a wild mammal using two dogs.

It was a private prosecution, brought by the League Against Cruel Sports (LACS), using video evidence filmed in Somerset on 16 February 2006.

Giving his judgement on Friday at Taunton Crown Court, Mr Justice Wyn Williams acknowledged the difficulties of working within the Act and gave some clarification on the flushing exemption.

Crucially, he also accepted that both Mr Down and Mr Pillivant believed they were hunting lawfully, saying: "We accept that both men did not set out to break the law. . . that they considered they were entitled to enjoy their sport provided they complied with the statutory conditions as they believed them to be."

This contradicts District Judge David Parsons, who convicted the pair in June, saying they were "disingenuous in attempting to deceive me into believing they were exempt hunting".

On Monday, Richard Down said: "We shall carry on. The judgement will make things harder, but at least we have it in black and white now."

He said the hunt will meet this week to discuss how to proceed.

"At least we cleared our names," said Mr Down. "This judge believed we were doing what we thought was lawful."

On Monday, chairman of the Masters of Deerhounds Association Tom Yandle told H&H: "Of course we're not pleased with the judgement. There are good parts and bad parts, but the initial reaction is 'on we go'.

"We have to talk to lawyers about how we can proceed, it's such a badly written Act. We are pursuing other exemptions."

Mr Yandle's views were echoed by chairman of the Council of Hunting Associations Stephen Lambert, who said: "People are stoic and positive about the judgement, and are continuing to think 'outside the box' about how they can hunt meaningfully within the law."

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QUANTOCK STAGHOUNDS DUO STILL GUILTY OF HUNTING OFFENCE

Horse & Hound

The first appeal to be heard under the Hunting Act has this afternoon proved unsuccessful.

Quantock Staghounds huntsman Richard Down and amateur whipper-in Adrian Pillivant were again found guilty of breaching the Hunting Act 2004 .

Down and Pillivant appealed against their June conviction of hunting a wild mammal with dogs. But the Countryside Alliance say today's judgement at Taunton Crown Court allows hunts to keep hunting.

The case centred around the exemption, under the Hunting Act, of flushing a wild mammal using two dogs. It was a private prosecution, brought by the League Against Cruel Sports (LACS), using video evidence filmed in Somerset in February 2006.

But Countryside Alliance head Simon Hart said the judgement finally gives hunts a clear idea of what is "exempt hunting" following months of confusion.

"We remain convinced that Richard Down and Adrian Pillivant believed what they were doing on that day in February 2006 was legal hunting," he said. "It cannot be reasonable to have expected these men to have interpreted a law, which even its supporters describe as ambiguous, in exactly the same way as a High Court Judge.

"But we also asked that the judge gave a framework for future exempt hunting and he did. The court has confirmed that, with adaptation, the Quantock Staghounds, and others who use this exemption, can continue to hunt."

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HUNTING DUO APPEAL IS TURNED DOWN

BBC News

Two men convicted of breaking the law prohibiting hunting have had their appeal against conviction rejected.

Richard Down and Adrian Pillivant, both members of the Quantock Staghounds, were convicted after being filmed by the League Against Cruel Sports.

The league filmed the pair chasing a deer for more than an hour, and the hunters were convicted.

A judge at Taunton Crown Court rejected their appeal, saying the pair were hunting for sport.
Down, 44, and Pillivant, 36, were convicted by magistrates in June after the anti-hunt campaigners filmed two hounds as they chased deer across Exmoor a year after the Hunting Act made hunting with hounds illegal.

The League Against Cruel Sports told the original court hearing that the deer were chased for more than an hour with no attempt made to shoot them humanely or call off the hounds.

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RESERVED JUDGEMENT ON HUNTING APPEAL

Somerset County Gazette

TWO huntsmen appealing against a guilty verdict for breaching new hunting laws will have to wait for a reserved judgement later in the month.

Huntsman Richard Down, 44, of West Bagborough, and whipper-in Adrian Pillivant, 36, of Wil-land, Devon, were found guilty at Bristol Magistrates Court in June of hunting deer with dogs.

Anti-hunt campaigners filmed the Quantock Staghounds at one of their meets on February 16, and as a result Down and Pilli-vant were each fined £500 and ordered to pay £1,000 costs for chasing deer with dogs.

Both men have always denied flouting the hunting laws, believing what they did to be lawful as they were acting within the laws of Exempt Hunting.

Prosecution barrister Richard Furlong claimed that they failed to adhere to the five criteria of Exempt Hunting, and rather than following the "find, flush and shoot" rule they were hunting for sport, chasing the deer and not shooting at the first available op-portunity.

Giving evidence last Thursday at the appeal hearing at Taunton Crown Court, the land owner, Anthony Trollope-Bellew, said he gave the Quantock Staghounds permission to be on his land.

He said: "The deer were building up and doing damage, eating the grass, so I asked the stag-hounds to come down and take out as many deer as they could."

Witness Nicholas Gibbons, chairman of the Quantock Stag-hounds, said they adhered to the Exempt Hunting rules always, adding: "The deer were shot at what we considered was the first place to do so at the first available opportunity."

Defence barrister Neil Ford QC told the court: "Given the complexity of the provision with re-gard to hunting deer it was reasonable for the appellants to be-lieve they were taking part in Ex-empt Hunting."

Mr Justice Wyn Williams, presiding, said: "It is the wish that the court reserves its judgment and provides a written report."

He hoped to deliver the report to the court on October 19.

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QUANTOCK STAGHOUNDS APPEAL ADJOURNED

Horse & Hound

The Quantock Staghounds appeal, heard over three days last week in Taunton Crown Court, has been adjourned until Friday, 19 October.

Huntsman Richard Down and amateur whipper Adrian Pillivant were convicted of hunting in June this year. Their case hinged on the exemption of flushing a wild mammal using two dogs. The appeal was heard afresh and a judgement is expected on 19 October.

"The judgement is as important as the verdict, because hunts want to continue to manage the deer population in the south-west," said the Countryside Alliance's Tim Bonner. "The Quantock's barrister has asked the judge 12 questions to be addressed in the judgement.

"We hope these will be answered, so we can properly understand what the courts make of the exemption."

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QUANTOCKS COURT CASE HIGHLIGHTS 'HUNTING FOR RECREATION'

Karen Spinner,
Horse & Hound

The issue of what constitutes exempt hunting was thrown dramatically into focus last Thursday when two men from the Quantock Staghounds were found guilty of breaching the Hunting Act.
Just two days after Stephen Lambert, chairman of the Masters of Foxhounds Association, warned that the current situation was untenable, Richard Down and Adrian Pillivant were convicted of hunting a wild mammal with dogs.

The pair were each fined £500 and ordered to pay £1,000 in costs by District Judge David Parsons in a case brought privately by the League Against Cruel Sports (LACS). The duo's legal team will meet next week and H&H understands that an appeal is likely. The Countryside Alliance (CA) and the Council of Hunting Associations have agreed to underwrite any appeal.
Although some aspects of the judgement mirrored those seen in the Exmoor case in which huntsman Tony Wright was also found guilty of hunting for the first time the issue of purpose played its part in the verdict.

In his judgement, District Judge Parsons stated: "The purpose of the undertaking was preserving a way of life the participants and defendants are not prepared to give up.
"The defendants were hunting for sport and to continue with their way of life and are disingenuous in attempting to deceive me into believing that they were exempt hunting."

Tom Yandle, chairman of the Masters of Deerhounds Association, was shocked at the interpretation.

He told H&H: "What has enjoyment got to do with the law? It seems a very odd way of approaching it. I'm very unhappy with the outcome, as we have always considered that we've been hunting within the law. One thing's for certain — there's no question of us giving up."

The CA's Tim Bonner admitted to being surprised by the emphasis District Judge Parsons placed on recreation.

He told H&H: "We haven't encountered this before. The judge accepted that they fulfilled some conditions of the exemptions, but because he saw the primary purpose as recreation, he ruled against them. In many ways, this interpretation is worse than in the Tony Wright case."

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TWO FINED FOR HUNTING DEER WITH HOUNDS

By Richard Savill
Telegraph

Two men were found guilty yesterday of illegally hunting deer with hounds in the second case brought against a hunt since the ban was imposed two years ago.

The verdicts against huntsman Richard Down, 44, and whipper-in Adrian Pillivant, 36, of the Quantock Staghounds in Somerset were hailed as a victory by the League Against Cruel Sports, which brought the private prosecution.

However, the Countryside Alliance, which supported the men, said the outcome had increased confusion over the Hunting Act, which it said was a "bad law that needs to be got rid of."

The two men were convicted at Bristol magistrates court after anti-hunt campaigners filmed two hounds chasing a herd of 11 deer across Exmoor.

The men claimed they were acting within exemptions in the Hunting Act, using two dogs rather than a pack.

They said they were flushing out deer for the gun rather than chasing them to exhaustion.

However, the league claimed that the deer were chased for more than an hour for sport. Down, of Bagborough, Somerset, and Pillivant, of Willand, Devon, both denied contravening the Hunting Act, which came into force in February, 2005.

Finding them guilty, District Judge David Parsons fined both men £500 and ordered them to pay £1,000 each as a contribution towards costs.

"The defendants were hunting for sport and recreation to continue their way of life and are disingenuous in attempting to deceive me into believing that they were exempt from hunting," he said.

Mike Hobday, of the League Against Cruel Sports, said afterwards he was delighted with the verdicts.

"The chasing of wild animals is cruel, immoral and illegal," he said.

The Countryside Alliance said the men would consider appealing against the verdicts. The alliance said the pair had given evidence that they had been flushing deer to concealed guns, as they thought the law allowed.

Simon Hart, the alliance's chief executive, said: "On the day in question they hunted with two hounds, as stipulated by the Act, and ensured there were experienced guns in place to shoot the deer. They shot six deer. If this is not flushing to guns I do not know what is."

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

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DEER HUNTS IN DANGER AS PAIR FOUND GUILTY OF FLUSHING OUT WITH DOGS

Steven Morris
The Guardian

The future of England's last three staghound packs was uncertain yesterday after two huntsmen became the first to be found guilty of illegally pursuing deer with dogs. Richard Down, a huntsman employed by the Quantock Staghounds, and Adrian Pillivant, a volunteer whipper-in, were convicted after a district judge ruled that they led the sort of old-fashioned chase that was outlawed under the Hunting Act, pursuing red deer in the Quantock hills in Somerset for almost three hours.

Down, 44, and lorry driver Pillivant, 36, argued that they were using the dogs to flush deer out to marksmen, which can be exempt under the act. They also claimed they were hunting to control the deer which compete with livestock for food. But the district judge, David Parsons, concluded that they were trying to preserve "a way of life that the participants and the defendants are not prepared to give up" and had attempted to "deceive me into believing they were exempt-hunting".
Animal rights campaigners, including the League Against Cruel Sports, which brought the private prosecution at Bristol magistrates court were jubilant.

The ruling could make life very difficult for the last three stag hunts in north Devon and Somerset. The hunts have taken extensive legal advice and believed they were working within the law.

Down and Pillivant, who are supported by the pro-hunting Countryside Alliance, may appeal but the three hunts will have a lot of thinking to do ahead of the start of the hunting season in the autumn.

The two men were caught hunting illegally in February last year. At least 17 riders, including children, followed the hunt, which had been called in by a landowner, Anthony Trollope-Bellew, to cull deer on his land near Taunton and move the herd on. As monitors from the campaign group watched, groups of deer were flushed out on three occasions and six animals shot. Four dogs were used, two at a time.

Down and Pillivant said what they did should be viewed as three separate events - deer were flushed and killed "as soon as possible" - and therefore legal.

But the judge disagreed. "This was a continual act of hunting over a period of two and three quarter hours ... some of the deer found at the first flush were present at the final flush ... the dogs may well have been deployed in relay to use fresh dogs to chase the deer faster and harder, to tire them quicker and to compensate for having to hunt with only two dogs."

The judge did not accept the animals had been shot as soon as possible and was unimpressed that the gunmen conceded that the deer could only be shot cleanly if they had stopped or slowed to a walking pace very close to them.

Outside court, Tim Bonner, spokesman for the Countryside Alliance, called the decision ludicrous and said it added "confusion to the whole picture".

Tom Yandle, chairman of the Masters of Deerhounds Association, said: "I'm very surprised by it. We will have to have a think about it but there are other exemptions we can use." Mr Trollope-Bellew, whose land the hunt began on, said: "This will make a lot of people very angry. It's going to mean more animals being shot by rifles and more injured rather than killed."

Mike Hobday, spokesman for the League Against Cruel Sports, said: "The chasing of wild animals is cruel, immoral and illegal. It is a way of life for some people, but it's against the law."

Down and Pillivant were each ordered to pay a £500 fine and £1,000 costs.

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HUNTERS FINED FOR ILLEGAL PURSUIT OF DEER

The Times
Simon de Bruxelles

Animal rights campaigners claimed victory yesterday as two men were convicted of illegally hunting deer with dogs.

The two members of the Quantock Staghounds claimed they had been acting within the law as they chased the deer across Exmoor. Richard Down, 44, a huntsman and Adrian Pillivant, 37, a whipperin, were each fined £500 and ordered to pay £1,000 each in costs.

The private prosecution was brought by the League Against Cruel Sports, which filmed the Quantock Staghounds hunting near Holford, Somerset, in February last year.

The men said that the hunt, which resulted in six deer being killed, had been covered by the Hunting Act, which provides for deer to be flushed from cover by dogs if they are shot as soon as reasonably possible.

Judge David Parsons said that the men could not have reasonably believed they were within the law as the deer were chased a considerable distance.

The judge, sitting at Bristol Magistrates’ Court, said: “The defendants were hunting for sport and recreation and are disingenuous in attempting to deceive me into believing that they were exempt-hunting.”

The court was told that the staghounds had been invited to Crowcombe Park, an estate owned by Anthony Trollope-Bellew, where deer had been damaging crops.

The meet was advertised in the press and attracted 17 members on horseback, and followers in 4x4s and quad bikes.

Down, as huntsman and full-time employee of the hunt, met the hunt master, the owner of the land and Pillivant, who was standing in for the regular whipperin, to discuss tactics.

The league argued that the hunt was illegal as it did not fulfil any of the five criteria for exemption. The judge found that the hunt satisfied four criteria: that the deer were flushed from cover; that the hunting prevented or reduced damage caused by the deer; that only two dogs were used on each occasion, and that the dogs were at all times above ground. But it had failed to fulfil the fifth condition, that the deer be shot as quickly as reasonable.

The judge said: “Exempt hunting does not allow for a chase – there was no sign of the deer being shot. In fact it was not possible for them to be shot and Mr Pillivant did not call the hounds off.

“It was obvious to him that the deer were not as soon as possible going to be shot. They should have been called off; they were not.”

The Countryside Alliance, which had backed the men, said that the ruling confused the issue of what was legal and what was not.

Mike Hobday, of the league, said after the case that the law stated that one could not chase with hounds for entertainment, “and we are very grateful that the judge agrees with us”.

Tim Hayden, solicitor for Pillivant and Down, said that they were very disappointed with the result and would appeal.

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TWO FINED FOR HUNTING DEER WITH HOUNDS

Adam Wilshaw
Western Morning News

Two huntsmen have been found guilty of illegally hunting deer with hounds on Exmoor.Huntsman Richard Down, 44, and whipper-in Adrian Pillivant, 36, of the Quantock Staghounds were convicted at Bristol Magistrates Court after only the second prosecution of its kind under the 2004 Hunting Act.

Anti-hunt campaigners filmed two hounds from the hunt as they chased a herd of deer a year after the controversial Hunting Act made hunting with hounds illegal.

The law allows the use of dogs to flush out wild animals so they can be shot.

But the League Against Cruel Sports launched the prosecution because it said the deer had been chased for more than hour and no attempt had been made to shoot them humanely or call off the hounds.

The men, who had argued throughout the trial that they had been hunting the deer within the law, are considering an appeal.

The league's chief executive, Douglas Batchelor, said: "We are delighted but not surprised by the result. Justice has prevailed today in what was a clear-cut case of blatant law-breaking by hunters who believe themselves to be above the law.

"Today's result will send out a stark message to those extremists who insist on flouting the law that their behaviour will not be tolerated.

"The hunting fraternity must grasp what the British public have understood ever since the ban was introduced - chasing and slaughtering stags for pleasure is totally unacceptable in a civilised society."

Anti-hunt monitors from the league filmed Pillivant and Down hunting 20 deer with hounds on February 16, 2006 at Longstone Hill, a remote rural location near Watchet, in North Somerset. The hunt met with four dogs, 17 members on horseback, and a number of other followers in vehicles.

Landowner Anthony Trollope- Bellow had asked the hunt to cull deer and move a wild herd, in an attempt to stop them causing damage to crops intended for livestock. The hunt set off at about 11.45am and had killed six deer by 3pm.

Counsel for the defence argued that the hunting was allowed under an exemption in the law.

The 2004 Hunting Act allows the use of hounds to flush out wild animals so they can be shot, if the deer are flushed from cover, if the hunting is done to prevent deer causing damage to crops or livestock, if only two dogs are used, and if those dogs are above ground at all times. The judge agreed the defendants had met these criteria.

But the men failed to meet the fifth criterion - that they take "reasonable" steps to shoot dead the deer "as soon as possible" after they are flushed out.

In his summing-up, Judge David Parsons said: "Neither defendant has established on the balance of probability that he reasonably believed the hunting was exempt."

The defendants were hunting for sport and recreation to continue their way of life and are disingenuous in attempting to deceive me into believing that they were exempt from hunting."

Down, from West Bagborough, a village between Taunton and Watchet, and Pillivant, from Willand, Devon, denied breaking the law. They were each fined £500 and ordered to pay £1,000 costs.

After the verdict, Richard Furlong, prosecuting, asked for four hounds and three guns to be confiscated and the defendants to be banned from driving. But the judge said that would be "disproportionate" punishment. He also noted the men were of previous good character.

Countryside Alliance chief executive Simon Hart said the Quantock Staghounds had consulted lawyers and the police before hunting, in an attempt to avoid breaking the law.

He said: "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 flush as soon as possible. They shot six deer. If this is not flushing to guns, I don't know what is."

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."

Tim Bonner, from the Countryside Alliance, said: "It is a slightly extraordinary judgment. I disagree with huge parts of it. It adds confusion to the whole picture. We may consider appealing as we don't believe this judgment is correct."

Robbie Marsland, UK director of the International Fund Against Animal Cruelty (IFAW), welcomed the decision. He said: "This is the second time that the league has taken and won a private prosecution and IFAW congratulates them for that."

In the light of this ruling it is very difficult to see how anyone could go out stag hunting in the belief that they are acting lawfully."

The Hunting Act is showing its teeth. There have been a number of prosecutions under the Act and more are in the pipeline."

Last August, Exmoor Foxhounds huntsman Tony Wright became the first huntsman to be found guilty of breaking the new law. He has appealed against that verdict and his case will be heard in July. There have been nine successful prosecutions since the Act came into force.

QUANTOCK STAGHOUNDS DUO FOUND GUILTY

Karen Spinner
Horse & Hound

Two huntsmen have been found guilty of illegally hunting under the Hunting Act.

Quantock Staghounds huntsman Richard Down and whipper-in Adrian Pillivant were convicted at Bristol Magistrates Court this morning after video evidence of the pair hunting deer at a meet in Somerset last February - filmed by the League Against Cruel Sports (LACS) - was shown to the court.

The duo were each fined £500 and ordered to pay £1,000 towards costs. H&H understands that they are likely to appeal.

The prosecution, which was the second brought against a hunt under the Act, was brought privately by LACS and hinged on the flushing exemption.

District Judge David Parsons rejected the pair's claim that they were hunting within the law, describing their claims as "disingenuous".

But Countryside Alliance chief Simon Hart said that the pair had acted "entirely responsibly."

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TWO MEN CONVICTED OF ILLEGAL HUNTING

Country Life
Holly Kirkwood


Huntsman Richard Down and whipper-in Adrian Pillivant, from the Quantock Staghounds, have today been convicted of illegally hunting deer with hounds at Bristol Magistrates Court.

Video footage of two hounds chasing deer in Somerset was cited as evidence that illegal hunting was taking place, and although the defendants argued that what they were doing was within the law, District Judge David Parsons said their argument was 'disingenuous'. He said that in his eyes their hunting was not exempt, and that their belief that their hunting was exempt was 'not reasonable.' Both men were fined £500 plus £1000 each towards costs.

Countryside Alliance chief executive Simon Hart said: '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.

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

He then called for the Hunting Act to be repealed: 'The Hunting Act is a bad law and needs to be got rid of,' he concluded.

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PAIR GUILTY OF BREAKING BAN

BBC NEWS

Two men have been found guilty of illegally hunting deer with hounds.
Huntsman Richard Down, 44, and whipper-in Adrian Pillivant, 36 of the Quantock Staghounds were convicted at Bristol Magistrates' Court.

Anti-hunt campaigners filmed two hounds chasing deer on Exmoor. The League Against Cruel Sports (LACS) said the deer were chased for more than an hour.

Both men had denied contravening the Hunting Act, which came into force in February 2005.

The LACS said it launched the prosecution because no attempt was made to shoot the deer humanely or call off the hounds during the hunt.

Spokesman Douglas Batchelor, said: "Justice has prevailed today (Thursday) in what was a clear-cut case of blatant law-breaking by hunters who believe themselves to be above the law.
"The hunting fraternity must grasp what the British public have understood ever since the ban was introduced - chasing and slaughtering stags for pleasure is totally unacceptable in a civilised society.
"To do so is a criminal act as these two gentlemen have discovered today."

Down, 44, of Bagborough, Somerset, and Pillivant, 36, of Willand, Devon had argued throughout the trial that they had been hunting the deer within the law.

District Judge David Parsons said their argument was "disingenuous" and fined both men £500 and ordered them to pay £1,000 each as a contribution towards costs.

He said: "Neither defendant has established on the balance of probability that he reasonably believed the hunting was exempt.

"The defendants were hunting for sport and recreation to continue their way of life and are disingenuous in attempting to deceive me into believing that they were exempt from hunting."
The LACS had played the court video evidence of 20 deer being chased with dogs at a hunt meet at Longstone Hill, Somerset, last February.

Richard Furlong, representing the League, had told the court: "They made no attempt to call the dogs off.

"The facts of this case are that no reasonable person could have believed this was exempt from the Hunting Act.

Robbie Marsland, UK director of the International Fund for Animal Welfare (IFAW), welcomed the decision.

He said: "This is the second time that the league has taken and won a private prosecution and IFAW congratulates them for that.

"In the light of this ruling it is very difficult to see how anyone could go out stag hunting in the belief that they are acting lawfully.

"The Hunting Act is showing its teeth. There have been a number of prosecutions under the Act and more are in the pipeline, including one being taken by Avon and Somerset Police against the Devon and Somerset Staghounds, expected later this summer."

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STAG HUNTERS FOUND GUILTY OF BREAKING BAN

Steven Morris
Guardian Unlimited

A professional huntsman and a volunteer helper today became the first members of a stag hunt to be found guilty of breaking the ban on hunting wild mammals with dogs.
Richard Down, an employee of the Quantock Staghounds in Somerset, and Adrian Pillivant, a lorry driver who was acting as a volunteer "whipper-in", were each ordered to pay a £500 fine and £1,000 costs.

A judge decided that the pair had used two pairs of staghounds to pursue red deer for almost three hours and over 10 miles.

Down, 44, and Pillivant, 36, had argued that they were using the dogs to flush deer out to three marksman - which can be exempt under the Hunting Act 2004 if the animals are shot dead "as soon as possible". They also insisted that they were hunting to control the deer, which compete with livestock for food.
But district judge David Parsons concluded that the purpose of the hunt was "sport and recreation, preserving a way of life that the participants and the defendants are not prepared to give up".

The judge, sitting in Bristol, added that the pair were "disingenuous in attempting to deceive me into believing they were exempt hunting". After the ruling, members of the tightly knit staghunting community expressed dismay and shock.

They said they had taken advice from the police, lawyers and the pro-hunting group the Countryside Alliance, which supported the defendants' case, and believed that the Quantock Staghounds and the two other stag hunts that operate in Somerset and Devon were operating within the law.

A spokesman for the Countryside Alliance said that in the light of the convictions the three hunts would have to consider carefully how to work in future.

The League Against Cruel Sports, which brought the prosecution, said the convictions showed that hunts were continuing to break the ban, which came into force two and a half years ago, and that the law, heavily criticised when it came into force, could work.

The League brought the first successful case against a huntsman, fox hunter Tony Wright, last year. The appeal against his conviction will be heard in Devon next month. The first prosecution against a fox hunt led by the police and Crown Prosecution Service is due to take place in the autumn.

On the day Down and Pillivant were judged to have broken the ban, the Quantock Staghounds met at Crowcombe, near Taunton. At least 17 riders, including children, followed the hunt, and others watched from quad bikes and four-wheel vehicles.

As monitors from the League watched, groups of deer were flushed out on three occasions over two and three quarter hours, and six animals shot. Four dogs were used, two at a time.

Supporters of Down and Pillivant said what they did should be viewed as separate events - deer were flushed and killed as soon as possible. But the judge said: "This was a continual act of hunting over a period of two and three quarter hours ... some of the deer found at the first flush were present at the final flush ... the dogs may well have been deployed in relay to use fresh dogs to chase the deer faster and harder, to tire them quicker and to compensate for having to hunt with only two dogs."

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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.

QUANTOCK STAGHOUNDS AWAIT VERDICT

Abigail Butcher
Horse & Hound

A verdict is not likely to be returned until next week on the private prosecution of the huntsman and whipper-in of the Quantock Staghounds accused of breaching the Hunting Act.

Huntsman Richard Down, 36, and whipper-in Adrian Pillivant, 44, appeared in Taunton Magistrates Court last week accused of hunting deer with hounds on 16 February 2007. Both deny the charge.

The case, which lasted four days, is a private prosecution by the League Against Cruel Sports (LACS) — the second brought against a hunt under the Act and the second by LACS.

"The case hinges on the first part of the 'fifth condition' of the flushing exemption, that 'reasonable steps are taken for the purpose of ensuring that after being found and flushed out, the wild mammal is shot dead by a competent person'," said Countryside Alliance (CA) spokesman Tim Bonner. "We believe the Quantock Staghounds were fulfilling that, and all other conditions, of 'exempt hunting'. Richard Down and Adrian Pillivant believed what they were doing was legal."

He added: "Whatever the outcome, the Quantock Staghounds are absolutely determined that they will continue their crucial role in the management of Red Deer in the Quantocks."

Video evidence filmed by LACS employees Graham Floyd and Edmund Shepherd on 16 February at Longstone Hill, near Holdford, was presented in court.

Richard Furlong, prosecuting for LACS, told the court a herd of 11 deer was chased across the moor for more than an hour before gunshot blasts were heard.

Mr Shepherd added that "no attempt was made to control the hounds".

Giving evidence for the defence, Richard Down said the hunt had started at about 11.45am, with three guns present, and had flushed deer from two covers, killing four hinds cleanly before LACS employees arrived.

He said the deer in the video evidence were being flushed back towards the three guns, and although they did not come in range of the guns on that occasion, they were re-found and two were shot, as heard by the LACS employees.

Witnesses called for the hunt included the three guns, the landowner, local farmers and Quantock Staghounds chairman Nick Gibbons, who confirmed the events of the day.

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COURT TOLD DEER CAUSING 'UNACCEPTABLE' DAMAGE

By P. Harrison
Western Morning News

A landowner has told a court the amount of deer on the Quantock Hills needs to be halved to prevent expensive damage.

Hugh Warmington said damage to the spring grass and crops, caused by the red deer which roam the Quantocks, was "unacceptable".

He was speaking at the trial of Richard Down and Adrian Pullivant who are accused of breaching the ban on hunting with dogs in February last year.

The two men are at the centre of a private prosecution pursued by the League Against Cruel Sports which claims the men chased deer with dogs for such a long time that it was no longer deemed flushing, but illegal hunting.

Speaking yesterday at Taunton Magistrates' Court, Mr Warmington said: "There are as many as 800 red deer on the Quantocks which is far too many. Something needs to be done to bring the population down. We would not want it to be any lower than 400, but currently the damage being done to valuable spring grass, crops and trees is totally unacceptable.

"I have looked into buying fencing for my 1,500 acres of land, but this would damage the look of the surrounding area and is uneconomical."

Spring grass, he said, was used to graze livestock.

Under the hunting ban no more than two dogs are allowed to flush deer out of cover. The huntsmen are required to call off the hounds and shoot the deer as soon as possible.

The league claims the chase given by two dogs in February last year was in breach of this.

The Quantock hunt hires a team of people with short-barrelled shotguns to shoot deer and they shot six that day.

Down told the court that in order for the "guns" to carry out their role safely and effectively they needed the deer brought out.

He told the court: "It would not be safe to shoot the deer when they are running. Therefore it was necessary for the dogs to flush the deer until they reached an area where the guns were able to shoot them accurately."

For the Defence Nigel Ford QC asked: "Did you consider you were acting outside of the law?"

Down replied: "No."

Asked what he believed they were acting out, he replied: "Flushing."

Mr Ford asked him if he believed the deer could be shot any earlier than they were. Down again replied "no".

The trial continues.

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PAIR 'TRANSGRESSED' HUNTING BAN

Two huntsmen "blatantly" transgressed the law by leading a hunt on National Trust land, a court has heard.

Richard Down and Adrian Pillivant are accused of jointly hunting wild deer with dogs during a meet at Longstone Hill, Somerset, in February 2006.

The League Against Cruel Sports (LACS) has brought the private prosecution at Taunton Magistrates' Court.

Mr Down and Mr Pillivant are both denying the allegations and the hearing continues.

Richard Furlong, representing LACS, said: "They made no attempt to call the dogs off.

"The facts of this case are that no reasonable person could have believed this was exempt from the hunting act.

"They made no attempt to control the dogs.

Mr Down, 37, and Mr Pillivant, 44, both of Kennel Lane, Bagbrough, Somerset, both deny breaching Section 1 of the Hunting Act.

Witness Edmund Shepherd, a league member who filmed the hunt, said the pair made no efforts to pull back their hounds during the chase.

He said he heard two gunshots go off more than two hours after the hunt began.

Mr Shepherd said: "I would expect someone to get very near the hounds and loudly shout and clap to get them to move away. This was not done."

The hearing continues.

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HUNTSMEN CHASED DEER FOR OVER AN HOUR

Huntsmen 'chased deer for over an hour'
Last Updated: 1:54am BST 22/05/2007

A huntsman and his whipper-in have been accused of breaking the Hunting Act after a herd of deer was allegedly chased across moorland for more than an hour.

Anti-hunt monitors filmed two hounds from the Quantocks Staghounds as they chased a herd of deer across Exmoor a year after the ban came into force.

Richard Down, the huntsman, and Adrian Pillivant, who as whipper-in is responsible for the hounds, went on trial yesterday at Taunton Deane magistrates' court in only the second prosecution under the controversial Act. Both deny the charge.

The law allows the use of dogs to flush out wild animals if they are then shot as soon as possible.
The League Against Cruel Sports launched the prosecution because it said that the herd of 11 deer was chased across the moor. Two hunt monitors said they saw no attempt to shoot the deer humanely or to call off the hounds.

Down, 44, of Bagborough, Somerset, and Pillivant, 36, of Willand, Devon, deny breaking the 2004 Hunting Act.

The Act came into force in February 2005. The prosecution says the hunt took place a year later.

Richard Furlong, prosecuting for the league, said the hunt consisted of the two defendants and followers on horseback, on foot, in four-wheel drive vehicles and on quad-bikes.

He said the deer were pursued for more than an hour from the time when two hounds were seen chasing them to the time when the monitors heard two shotgun blasts.

Mr Furlong said: "These two men hunted in clear breach of the Hunting Act. It was unlawful and they knew it was unlawful.

"They used hounds to search for deer and what took place was a prolonged period of pursuit by the hounds which were in the charge of these two men.

"No attempts were made to ensure the deer were shot as soon as possible by competent marksmen or to ensure the hounds did not obstruct any attempt to shoot the deer.
"No firearms were seen and the only shots heard were more than an hour after the hunt was first seen to pursue the deer."

The defendants are accused of allowing the hounds to pursue the deer in the traditional way with a view to wearing down the quarry so they could be shot later.
"That is why the spectators were there. It was the thrill of the chase," Mr Furlong said.
"The law is clear and allows find, flush, shoot. What happened on the Quantock Hills was not that, it was hunting."

He said in a traditional hunt the deer is chased until it is so exhausted that it turns to face the hounds and is said to be brought to bay. It is then shot.

The trial continues.

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