More News From Clive Rees

[paulus 26]

Clive Rees

Another good decision.

 

You may or may not know that when the RSPCA brings a prosecution it is possible to write to CPS (the Crown Prosecutions Service) and ask the CPS to review the decision to prosecute.

 

That is what I did a few months ago in a case in Tyneside where my client - a lover of lurchers and terriers - was alleged to have been keeping dogs for animal fighting.

 

The problem was that the "animal fighting" was alleged to have taken place in another country; the Republic of Ireland, and there was no suggestion that he's used the dogs for animal fighting here.

 

In any case, the "fighting" referred to by the RSPCA was fighting with foxes whilst engaged in terrier work and there was also a suggestion of one fight with a badger.

The facts were that my client had lent his terrier to a mate in Ireland. The mate had a pack of hounds and needed a terrier. My client was 600 miles away while the terrier work was taking place!

 

As soon as my client learned that his dog had been used on a badger - albeit accidentally - he asked for the dog back.

 

How can all this result in a prosecution you may ask!

 

Frankly I have no idea!

 

Nor as it turned out did CPS.

 

After a few months and a VERY careful consideration of the law they decided the evidence was too weak and the case was called in and withdrawn; costs from Central Funds again! (Yes, that's you and me, folks).

 

CAN it be an offence to keep dogs in the UK to engage in "Animal fighting" in a separate sovereign jurisdiction? I don't think so, but that point did not need to be considered by CPS.

 

IS putting your terrier to ground during legitimate pest control "animal fighting" anyway. Again I think not, and there is a Scottish case that agrees with me.

 

What if I keep hounds for legitimate trail hunting in England or Wales and then lend them to an Irish (or US or French) pack. Have I "kept" them here for activities that would be illegal under UK law over there?

 

It would be mad wouldn't it?

 

Luckily this CPS decision may cause the RSPCA to think again on extra-territorial cases.

 

Any lawyers wanting the CPS Opinion please contact me. I will redact my client's name and send it with pleasure.

 

Clive Rees.

[RossM 8,121]

They are getting nothing short of desperate now.

[Carraghs Gem 1,675]

Thank f**k the cps saw sense... The rspca are grasping at straws again.

[paulus 26]

They should be paying themselves for there persecution of legal activities and not the taxpayer

[The one 8,484]

So much for them being a Charity for the care of animals ,they should have there charity status removed

[events co-ordinator 353]

Every time our legal team has came up against this in Scotland we have beaten it but the animal welfare act (2006) Scotland is slightly different and the magistrates in Scotland have been left under no illusion as to what constitutes EVIDENCE in a Scottish court. There was a 43 page judgement laid out by Sherriff Kevin Drummond in a case in Duns. I was part of the defence team along with my old man but remember to finance these cases you need legal fees insurance unless you have pots of money. I have heard people criticising lawyers and their fees people like Clive and David the lawyer we use in Scotland are the TOP men in this type of case and are well worth their wages. Expert Witness's are expensive as well but are vital in these cases.

[k9delboy 138]

As I said already folks, if you are not a member of SACS .GET IT DONE NOW. Save yourself a lot of hassle in the future, Del.