High court sets new hearing for hunting ban case
The ban on hunting with dogs took another twist last night
after a High Court judge said the case of the first man to be
prosecuted for hunting foxes should be returned to court.
But the saga of the case of Tony Wright, the Exmoor
Foxhounds huntsman, is no nearer being finished – and until
then almost all the other major prosecutions of West hunts
cannot proceed.
In a highly technical hearing at the High Court in London,
the Crown Prosecution Service appealed against a decision by a
judge in Exeter last year. The Exeter judge had acquitted Mr
Wright on appeal, overturning an earlier guilty verdict by
magistrates.
The CPS won a partial victory yesterday – if the High Court
had thrown out their case it would have effectively spelled the
end for that and other prosecutions, and thrown into doubt any
effective use of the hunt ban in the future.
Anti-hunt campaigners emerged declaring they were “very
pleased” with the outcome, but Countryside Alliance campaigners
also emerged pleased, saying moves to effectively order a
re-trial of Tony Wright were also dismissed.
The High Court decided the judge in the original appeal did
not fully explain his reasons for quashing the conviction and
so ordered a new hearing in the autumn which will look into two
specific points of law surrounding the Wright case. One will
decide whether searching for foxes constitutes illegal hunting.
The other, more crucial one, will decide where the burden of
proof lies when a hunt claims it is arguing it was hunting
using one of the ban's exemptions: is it down to the
prosecution to prove the hunt wasn't, or is it down to the hunt
to prove it was?
That is also a key question in the prosecution of the Devon
and Somerset Staghounds, the most controversial so far in the
years since the 2005 ban, and that case – plus others pending –
has been on hold awaiting a verdict in the Wright case. What it
means is that the hunt ban will have its first 'showdown' court
case in the autumn, and although damaged by the Wright appeal
victory, the ban is not finished yet.
“We are very pleased with today's outcome,” said a spokesman
for the League Against Cruel Sports, which brought the original
case against Mr Wright. “The High Court can now determine what
the Hunting Act means and could overturn the last appeal
decision.
The Countryside Alliance's Tim Bonner was upbeat too. “All
the points the league and International Fund for Animal Welfare
wanted to have argued were thrown out by the judge who said
they should play no role in this – all it boils down to is
points of law and it is extremely unlikely Tony Wright will
face a re-trial,” he said.
On Monday, the next chapter in the hunt ban will take place
at Witney, when a huntsman from the Gloucestershire-based
Heythrop Hunt faces his first charge of hunting illegally.









21 Comments
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by giles bradshaw, rose ash
Monday, September 08 2008, 10:25AM
“I'd like to quote something written by Gary Hills about the precise point of law on which the Tony Wright case hinged, the requirement of the Hunting Act that animals can only be flushed oif they are then shot.
Mr Hills writes:
"On the night of the vote, hundreds of stupid amendments were put down by the Lords in an attempt to run it out of time.
They failed but one or two did get through and one of them being flushing."
and furthermore he states:
"I do not like the shooting part".”
by Gary Hills, Campaign Director, Stevenage
Wednesday, August 27 2008, 10:36PM
“The law will be upheld and once again we will see that not only was the Government right to bring in the hunting ban, but equally it will show that the ban can be enforced. It is time those who think they are above society and law, stopped their obsession with killing and seeking to inflict cruelty for fun. The argument is no longer about why there should be a ban. It is now about why shouldn't hunters accept that the ban is in place and here to stay. The game playing and false claims of being victims of society are nonsense and do nothing for their cause. For once it would be good to see some respect for democracy which has been totally lacking from the Countryside Alliance and David Cameron with his commitment to ignore the public's overwhelming support for the ban to stay. They may think David Cameron will come to their aid, yet the election is not won yet and much can and will happen before it. We as a nation can finally hold our heads up with pride knowing this shameful disease of hunting is no longer legal in the UK. Nobody is above the law. A fine principle many hunters should take note of. Gary Hills, Campaign Director, Support the Hunting Act (Ban) UK”
by BRENT, lees summit mo
Friday, July 25 2008, 1:42PM
“jessica,jessica,jessica if it were up to people like you to shed your will on other people we wouldn't be eating,hunting, or fishing.thank the good lord jesus we have a thang called states rights and a whole lot of checks and ballances or we would lose our rights one by one. get off your high-brow duff and learn something about wildlife conservation or maybe the real world. brent th redneck american in missouri.”
by jessica jones, bath
Friday, July 25 2008, 12:34PM
“I own horses and i cant stand hunting with dogs no need to chase animals for miles and miles just for the fun of it.”
by brent, lees summit mo
Friday, July 25 2008, 1:42AM
“nick why would you single my comment out? if you were truely a hunter and outdoorsman/conservationist would'nt your comments be better directed to the anti's”
by brent, lees summit mo.
Friday, July 25 2008, 1:35AM
“nick, i understand all about their culture, just don't want any part of it. i actually have some limey friends, just like to give them hell. by the way nick bears make good rugs.”
by Nick Atkinson, Anchorage, Alaska
Thursday, July 24 2008, 9:00PM
“To: brent, lees summit' mo.
No, I watch bears, hunt moose, caribou and Dahl sheep.
My comment was about your lack of knowledge and understanding of other peoples' culture and history.”
by Charles Henry, Somerset
Thursday, July 24 2008, 7:16PM
“But seriously Ken; have you ever actually seen a fox taking a lamb. . They are cunning devils. .They will even drag a half born lamb from the ewe. . Or have you ever heard a rabbit screaming in the night as it gets devoured alive by a badger. . That' a really chilling sound. . 'Til you have; don't presume you can lecture me and moralise. . I don't hunt and I never have, but I applaud those who do, and will defend their right to do so to my grave.”
by Charles Henry, Somerset
Thursday, July 24 2008, 6:50PM
“We've been hay making today Ken. . When the Sun is shining, time waits for no man. . We have to bring the Harvest home. . . You are right of course; the poor woman will despair if the hay is not sweet enough, and her horse turns up its nose. . A Mare of course, I should say her. . But I don't fight it! . . By golly she can't half cook!”
by Ken, Bristol
Thursday, July 24 2008, 3:42PM
“Well Charles Henry it doesnt surprise me that you are being offered divorce, the poor woman must want someone vaguely 'normal'. Perhaps someone who can converse in a meaningful way. Pity you chose to be so flippant about such an important issue but that is about typical for the people of this country.”