Jamie Foster is a Partner in the solicitors firm of Clarke Willmott. He is a Solicitor-Advocate with Higher Rights of Audience in all courts. He specialises in regulatory law, advising and representing clients involved in environmental prosecutions, health and safety prosecutions and animal welfare cases.
Here, Jamie writes about an extraordinary incident and a case of double standards.
In March this year Joe Duckworth, the Chief Executive of the League Against Cruel Sports, declared that there was a “war in the countryside”. The people whom he had declared war on, the law abiding hunting community, found this statement to be an entirely irresponsible and inflammatory one, but really the hyperbole was his way of announcing that he had spent £1m of the money donated to his organisation on covert surveillance designed to show that the Hunting Act was being regularly flouted by registered hunts. So far this money has proved to have been entirely wasted.
In April I was the advocate at the trial of George Milton, the Huntsman of the Weston and Banwell Harriers. This case was to be the opening battle in Joe Duckworth’s war and he lost it spectacularly. This was the first case that had been brought to court on League evidence for two whole seasons. It was the product of the covert surveillance that Joe had spent so much money on and the court threw the case out at half time finding that George had no case to answer. The court recognised that there was no credible evidence that George Milton had committed any offence.
Shortly after this another League allegation, that George had committed an offence under the Badger Act, was withdrawn by the CPS. Then last month the League’s case against Brian Palmer of the Quantock Staghounds, which was due to go to court in September, was again discontinued because the CPS recognised there was no credible evidence that Brian had been illegally hunting. Joe Duckworth was losing the war that he had declared in grand style.
As is often the case an organisation can begin to show its true colours in the ignominy of defeat and the League is no exception. It did something which indicated that as an organisation it had lost a grip on its own moral compass. A League monitor filmed a three year old girl, the daughter of a follower of the Quantock Staghounds and, without the parents’ permission, posted the child’s image on their website to make a rather petty point about stag hunting. Using a small child in this way marked a new low even for the League.
On behalf of the child’s mother I wrote to Joe Duckworth asking that the child’s image was removed. I received a letter back the following day from the League’s solicitor informing me that the League did not feel it needed permission to film a small child and stating that the image would not be removed.
I asked the mother’s MP, Jeremy Browne, to write to Joe Duckworth and invite him to take the image down. Mr Browne kindly did. Joe Duckworth replied to Mr Browne that he had no idea a film had been taken without permission and claimed that he had never heard of me. As I had already received a letter from his solicitor concerning the matter, and had won a number of important court cases involving the League, I found Mr Duckworth’s response rather extraordinary.
I also wrote to the Avon and Somerset Police, informing them that in my view the League were causing the child’s mother harassment, alarm and distress, and thereby committing an offence under the Harassment Act, by continuing to display the child’s image on their website. The police refused to even record the fact that an allegation had been made.
While I was doing this, a Devon landowner called Giles Bradshaw began complaining on Twitter that Joe Duckworth, and the President of the League Against Cruel Sports John Cooper QC, were behaving appallingly by running an organisation that treated the child and her mother so callously. Interestingly John Cooper is a Human Rights barrister who regularly opines on freedom of speech. Mr Cooper employed the Leagues solicitors to write to Mr Bradshaw and inform him that suggesting that Mr Cooper was in any way connected to the covert filming of the child was libellous. Mr Bradshaw was not put off by this threat and continued tweeting. This weekend he received a letter from Surrey Police warning him that he may be harassing Mr Cooper and Mr Duckworth.
Let that thought sink in for a minute. One police force is warning Mr Bradshaw that his complaining about the actions of Mr Cooper and Mr Duckworth may be causing them harassment alarm or distress, but another police force would not even record a complaint about their organisation using a three year old child as a pawn in Mr Duckworth’s private war.
At the moment a formal complaint is being considered by the Information Commissioner about the misuse of the child’s image by the League and it will be interesting to see what the Commissioner makes of the case. I will continue to represent the mother in this case and to do all I can to defend the honest and law abiding members of the hunting community who come to me for assistance.
Be under no illusions. We may be winning this “war in the countryside.” The hunting community may be conducting themselves in a completely lawful manner, but there will always remain those who would do everything in their power to cause mischief and mayhem. I will endeavour to keep you updated on how successful they turn out to be.
This article first appeared in Countryman’s Weekly http://www.countrymansweekly.com/