EquineOnline
Well-Known Member
A hearing to decide the immediate fate of 29 donkeys and Shetland ponies owned by the Gray family has today resulted in the animals remaining in the care of the RSPCA and other welfare organisations.
Deputy District Judge Sandeep Kainth, at Oxford Magistrates Court, suspended the original order for the 11 donkeys and 18 ponies to be returned to the family in light of representation by the RSPCA. The case will now go to the High Court and will be subject to a judicial review.
A legal application was made on Friday 14 April by James Gray of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire for the RSPCA to immediately return 29 animals that they and other welfare charities have been caring for since police seized them in January 2008.
The application was made by James Gray after Deputy District Judge Kainth ordered that 11 donkeys and 18 ponies be returned to him by the RSPCA, at a hearing in Oxford Magistrates Court on Friday 4 April.
For the RSPCA, Phillip Havers, QC, today said that to enforce the previous order to return the animals would be deciding the outcome of a judicial review before it happened.
He also said that there would be a risk of suffering to the donkeys and ponies if they were returned as donkeys were among the dead animals removed in January. Also, prosecution vet Robert Baskerville found that one of the donkeys was considered to be at risk of death within hours or days unless it received urgent specialist treatment.
We are, of course, delighted that the animals will remain in the care of the animal welfare charities for the immediate future and hope we will be able to secure their long-term well-being, said the RSPCAs Chief Officer Tim Wass.
We have very real concerns for the welfare of the donkeys, ponies and horses involved, which is why we are asking the Deputy District Judge to explain the original decision.
Mr Justice Wyn Williams, at the High Court on Friday 14 April, referred the matter back to Oxford Magistrates Court, stating that: by far the most appropriate person to enforce the order is the person who made the order.
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Notes to editors
The court order for the return of the 29 donkeys and ponies, along with the sale at auction of 82 other horses, was made by Deputy District Judge Kainth following an application by the Gray family for their return, under Section 20 of the Animal Welfare Act 2006. The RSPCA contested this application, and had argued that they should be allowed instead to oversee the rehoming of the animals in order to safeguard their future welfare.
The animals will remain where they are until the outcome of the judicial review is decided.
The pre-trial review for the RSPCAs criminal case against James John Gray, Julie Gray, Cordelia Gray and Jodie Gray * along with a 15 year old male * will be heard on 28 April 2008 at Oxford Magistrates Court. They face 12 charges related to section 4 and section 9 of the Animal Welfare Act 2006 and cover causing unnecessary suffering to and failing to meet the welfare needs of a total of 125 horses, ponies and donkeys, removed from Spindle Farm between 4 and 12 January 2008.
Deputy District Judge Sandeep Kainth, at Oxford Magistrates Court, suspended the original order for the 11 donkeys and 18 ponies to be returned to the family in light of representation by the RSPCA. The case will now go to the High Court and will be subject to a judicial review.
A legal application was made on Friday 14 April by James Gray of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire for the RSPCA to immediately return 29 animals that they and other welfare charities have been caring for since police seized them in January 2008.
The application was made by James Gray after Deputy District Judge Kainth ordered that 11 donkeys and 18 ponies be returned to him by the RSPCA, at a hearing in Oxford Magistrates Court on Friday 4 April.
For the RSPCA, Phillip Havers, QC, today said that to enforce the previous order to return the animals would be deciding the outcome of a judicial review before it happened.
He also said that there would be a risk of suffering to the donkeys and ponies if they were returned as donkeys were among the dead animals removed in January. Also, prosecution vet Robert Baskerville found that one of the donkeys was considered to be at risk of death within hours or days unless it received urgent specialist treatment.
We are, of course, delighted that the animals will remain in the care of the animal welfare charities for the immediate future and hope we will be able to secure their long-term well-being, said the RSPCAs Chief Officer Tim Wass.
We have very real concerns for the welfare of the donkeys, ponies and horses involved, which is why we are asking the Deputy District Judge to explain the original decision.
Mr Justice Wyn Williams, at the High Court on Friday 14 April, referred the matter back to Oxford Magistrates Court, stating that: by far the most appropriate person to enforce the order is the person who made the order.
-ends-
Notes to editors
The court order for the return of the 29 donkeys and ponies, along with the sale at auction of 82 other horses, was made by Deputy District Judge Kainth following an application by the Gray family for their return, under Section 20 of the Animal Welfare Act 2006. The RSPCA contested this application, and had argued that they should be allowed instead to oversee the rehoming of the animals in order to safeguard their future welfare.
The animals will remain where they are until the outcome of the judicial review is decided.
The pre-trial review for the RSPCAs criminal case against James John Gray, Julie Gray, Cordelia Gray and Jodie Gray * along with a 15 year old male * will be heard on 28 April 2008 at Oxford Magistrates Court. They face 12 charges related to section 4 and section 9 of the Animal Welfare Act 2006 and cover causing unnecessary suffering to and failing to meet the welfare needs of a total of 125 horses, ponies and donkeys, removed from Spindle Farm between 4 and 12 January 2008.
