Civil Servant escapes ‘Lamb starvation’ charges as Sheriff rules raid evidence inadmissible over lack of search warrant

Charges against a civil servant, Andrew Struthers, of Kettleshill Farm West Linton in the Scottish Borders, have been dropped after evidence obtained in a farm raid was inadmissible in court.

Remember next time to have a search warrant lads …

Lamb starvation charges dropped

The case against a man accused of starving 52 lambs to death has been dropped after a sheriff ruled farm raid evidence was inadmissible.

Rural affairs civil servant Andrew Struthers, 48, of Kettleshill Farm, West Linton, had denied the offence.

Evidence gathered in a raid in the Borders was not allowed as cruelty officers did not have a search warrant.

The Scottish Society for the Prevention of Cruelty to Animals said it was "disappointed" with the decision.

Mr Struthers had been charged with causing unnecessary suffering to more than 400 lambs, including the deaths of 52, through neglect between October 2006 and January 2007.

He denied the offence.

Given the level of suffering, the lack of daylight at that time of year and the risk of evidence being lost due to bad weather conditions and scavenging, we still believe the correct actions were taken
Doreen Graham
SSPCA

His trial began last month but was adjourned for a ruling to be made on the lawfulness of evidence gathered by the SSPCA.

Sheriff John Horsburgh decided he could not allow it to be put before the court.

"It was clear to me that they did not have an adequate knowledge of the various powers, of when a warrant was required, and of the circumstances in which they could act without one," he said.

"The steps they took were accordingly contrary to the law, and the evidence gathered was irregularly recovered."

As a result of his decision the Crown dropped the prosecution against Mr Struthers who works in the agricultural and land services division of the Scottish Government's environment department.

Procurator fiscal Vikki Welton said: "Our office will liaise closely with the SSPCA to see how the legislation should be interpreted.

"This is a bit of a test case in many ways.

"We accept the sheriff's ruling and won't be appealing his decision."

Legal interpretation

SSPCA spokeswoman Doreen Graham said it was "extremely disappointed" with the outcome.

She said it still maintained its officers had acted correctly.

"The incident occurred shortly after the new animal welfare legislation became law in Scotland," she said.

"Our inspectors' interpretation of the act had already been discussed with the Crown Office and the society was of the opinion that a warrant was not needed to gather evidence in this instance.

"Given the level of suffering, the lack of daylight at that time of year and the risk of evidence being lost due to bad weather conditions and scavenging, we still believe the correct actions were taken."

Government Rural Affairs civil servant accused in animal abuse case in the Scottish Borders

A Scottish rural affairs civil servant is being brought to court under the Animal Health & Welfare (Scotland) Act 2006 after being accused of starving farm animals to death.

The civil servant appears to be claiming his human rights were breached because investigators did not obtain proper search warrants to enter his premises and discover the nature of the problem ...

The incident occurred in the Scottish Borders, seemingly a haven of such cases ...

The Herald reports :

Civil servant in court over 50 dead lambs

ROBERT FAIRBURN February 29 2008

A Scottish rural affairs civil servant has been accused of starving to death more than 50 lambs on his farm.

Andrew Struthers, 48, is one of the first people to be brought to court under the Animal Health and Welfare (Scotland) Act 2006 which his own government department drew up.

However, he is claiming his human rights were breached when animal welfare investigators raided his fields in January 27, claiming they did not obtain search warrants.

After a lengthy legal debate, a sheriff is now considering whether their evidence is admissible for a trial against Mr Struthers of Kettleshill Farm, West Linton, Peeblesshire.

He is accused of two charges of causing unnecessary suffering by failing to supply food for the lambs, and failing to dispose of their carcasses between October 2006 and January 2007.

Peebles Sheriff Court was told how Chief Inspector Paul Anderson and Inspector Ross Wilkie of the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) observed six fields near Struthers's home for a couple of days before entering Deanfoot Farm.

Defence lawyer Chris Dickson told the court: "On these days they hadn't taken any immediate action or taken steps to contact Mr Struthers. All they did was make arrangements for a search the following day.

"If they were of the view that animals were in distress they would have acted much quicker."

It is alleged that the officers discovered the remains of 52 lambs scattered around the six fields at Deanfoot Farm.

A further three had to be destroyed by the divisional veterinary officer.

But during their visit to the farm they also gathered evidence.

Mr Dickson added: "The investigating officers took 64 photographs and they also took three lamb carcasses for diagnostics. Their first actions were to take photographs of ring feeders and it wasn't until later in their search that they came across animals in distress."

Almost the entire prosecution case against Mr Struthers relies on the evidence gathered by the SSPCA officers. Despite a failure to gain warrants, the Crown argues the officers were within their rights.

Procurator-fiscal depute Alasdair Fay said: "We are talking about new legislation here and its interpretation by agencies working beneath it. The officers became aware of sheep carcasses and they were of the opinion that the situation was becoming worse.

"Faced with animals which were already dead and other animals suffering, as well as Mr Struthers not being available, it would be excusable if the statute wasn't followed - but I believe the statute was followed."

Sheriff John Horsburgh will decide if the evidence collected by the SSPCA at Deanfoot Farm will be admissible. The debate was adjourned until March 19 for his decision.

Mr Struthers worked as an officer in the agricultural and land services division for the Scottish Environment and Rural Affairs Department (SERAD) which drew up the new legislation that he is now being prosecuted under.

A Scottish Government spokeswoman declined to comment on the case.