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Fenris
Posted: Mon Jan 28, 2008 10:38 am
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The Self Help Group for Farmers, Pet Owners and Others experiencing
difficulties with the RSPCA
(The SHG)
Press Release
For Immediate Release

28th January 2008


YET ANOTHER JUDGE VILIFIES THE RSPCA =3F
YET ANOTHER =3FCRUELTY=3F CASE COLLAPSES



RSPCA v MARTIN GRIFFIN & GINA GRIFFIN



Hot on the heels of the severe criticism of the RSPCA=3Fs Prosecution
Department last month by:

1) Judge Gray in Harwich (RSPCA v Name Withheld ** (primary school
teacher) =3F see earlier release; and


2) Portsmouth Magistrates (RSPCA v Name Withheld **(kennel maid) =3F
see earlier release

comes the damning judgment in Norwich, on the afternoon of 23 January
2008, of Judge Philip Browning. It concerned Martin and Gina=3Fs 24 year
old laminitic horse Florrie, which had been a family pet for two
decades.


The case, as usual for the RSPCA, was a private prosecution for
=3Fcruelty=3F:

1) accompanied by the RSPCA=3Fs traditional PR techniques, and
spinning to local and national media;

2) presented to the court over a number of days, at great expense
(to both the taxpayer and the RSPCA=3Fs hapless subscribers) and
inconvenience to other court-users;

3) brought by the RSPCA=3Fs unaccountable Prosecutions Department,
led by barrister Sally Case, against defendants (in this case a council
worker and a salesperson) of impeccable character; and

4) where the Defendants own vet - with whom the RSPCA =3Fexpert=3F
disagreed =3F was advising them.

The RSPCA=3Fs =3Fexpert=3F in this case was Nic de Brauwere. Rather
worryingly for the RSPCA, in the light of the court=3Fs findings against
it, Mr de Brauwere is the vet in the RSPCA=3Fs recent high-profile
seizures in Amersham. Mr de Brauwere is in charge of welfare at
=3FRedwings=3F, the rescue centre which the RSPCA pays to stable many of its
=3Frescued=3F horses. The Griffins vainly tried to tell de Brauwere that
they knew the horse was thin and that they had to keep its weight down
to avoid an acute recurrence of the long-standing laminitis. This is
not only good equine practice =3F it followed the excellent advice
obtained from their horse=3Fs vet, Charlotte Mayers, who knew all about
the horse, but with whom it seems that de Brauwere disagreed.

So, the RSPCA=3Fs =3FInspector=3F John Jenkins and Mr de Brauwere thought they
knew better than the Griffins=3F own vet. The horse was seized from the
Griffins=3F field where all the other animals, everyone agreed, were in
superb condition. Three =3Fcruelty=3F charges eventually emerged. The
animal was taken to a =3Fplace of safety=3F - de Brauwere=3Fs facility - and
his clients, the RSPCA, blindly pressed on with its case. They were
undeterred by the report of Colin Vogel, the country=3Fs pre-eminent
equine specialist (who incidentally writes the RSPCA=3Fs own =3FHorse-Care
Manual=3F). Mr Vogel was called as an expert by the defence.

Judge Philip Browning, who is not known as a firebrand, made the
following findings:

(1) =3FMr Vogel is a pre-eminent authority on horses who heard the
evidence in the case. In his opinion, the horse was not suffering; he
said that he had heard no evidence that the horse could not eat, no
evidence that it was hungry and he said that he had heard reasonable
evidence that there was a reason to keep the animal thin.=3F



(2) =3FIt seems pretty clear that Inspector Jenkins had made his mind
up [to seize the animal] and that he was unlikely to have agreed that
the horse could be treated as offered by Miss Mayers, a course which
would, in my opinion have avoided all of this=3F



(3) =3FMr de Brauwere was not minded to discuss alternative causes of
the thinness with Mrs Griffin and agreed that Mrs Griffin was offering
other causes - he did, to use his words, not want to enter a long debate
and did walk away at one point.=3F

(4) =3FI go further than saying that there is doubt - I find that the
horse was not suffering at all at the time it was seized. I do not need
to go on to consider causing or permitting, but I will say that nothing
I have heard in this case casts any criticism of Mr and Mrs Griffin.=3F

(5) =3FI fully understand the reaction of Mrs Griffin in a situation
where she is faced with the sudden removal of Florrie, a much loved
virtual member of the family.=3F

(6) =3FMr de Brauwere was challenged in a number of respects by Miss
Mayers and Mr Stanley as well as by the Griffins themselves. On the 2nd
October, other than being thin, agreed by everyone, the horse was
apparently healthy, alert and happy as far as one can judge these
things. It is significant that the other horses were in good condition =3F
I cannot accept the inferences I am asked to draw by the prosecution
from the thinness of the horse and state of her teeth. I consider that
she was able to eat and although she appeared to be getting thinner, her
demeanour and general condition on the 2nd October at the very least
would create strong reservations about whether she was suffering. There
is no explicit evidence to that effect.=3F

(7) =3FI recognise the emotional aspect of this case and the feelings of
the whole family on her removal. For reasons which will become apparent,
I am of the view that this case could have been dealt with in a better
way, and certainly more sympathetically by Inspector Jenkins and the
RSPCA.=3F

The SHG speculates that the RSPCA might have brought the case to
highlight the 10th anniversary of the damning report from BEVA (the
British Equine Veterinary Association). BEVA=3Fs concerns =3F one of many
criticisms by specialist vets =3F are attached for ease of reference. Is
it possible that Sally Case, the Barrister in charge of the RSPCA=3Fs
Prosecutions Department, and her team of highly-paid support staff and
=3Fout-house=3F lawyers, wanted to emphasise the correctness of BEVA=3Fs
report?

1) =3FSome BEVA Council Members have voiced concern that the Society
has appeared to prosecute cases more in order to generate publicity and
gain =3Fscalps=3F than out of genuine concern for equine welfare.=3F



2) =3FIn most cases, equine welfare cases do not present as an
emergency; the cases usually involve [alleged] neglect or malnutrition,
which is by nature not acute =3F Recent cases have highlighted the failure
of some vets to perform full, or competent examinations, which are
necessary to support the decision to seize animals, or prosecute
owners.=3F

Ten years ago, the BEVA report was hastened by specialist equine vets
who were concerned that the RSPCA was damaging the profession. The
criticisms in RSPCA v Humphries are quite well summarised by BEVA, and
every one of these points could be made of the RSPCA again today. The
RSPCA has learned nothing in ten years, other than better ways of
causing expense, distress and misery for ordinary decent people, like
the Griffins, who look after animals properly. It has also =3Fgenerated
publicity=3F recently!

The Self-Help Group (=3FSHG=3F) was formed to, and does, help people like
the Grffins. SHG=3Fs Anne Kasica said:

=3FLike BEVA ten years ago, the public have had enough. The Griffins=3F
case shows the RSPCA does not want to learn a thing from BEVA. It wants
money to keep its leviathan prosecutions running. The public, and the
judiciary, are turning their backs on an RSPCA which is increasingly
desperate to justify and promote its sinister and unattractive agenda.
It is not just the RSPCA=3Fs most obvious victims - like the Griffins, the
people in the Harwich and Portsmouth cases , and the many others
referred to on SHG=3Fs website http://the-shg.org/ - who see the RSPCA
for what it is.=3F

Ernest Vine, also from the SHG said:

=3FThe reporting of the recent cases shows that even the media now
recognise the public don=3Ft like the RSPCA=3Fs animal rights =3Ftake and
spin=3F approach. The actual results, and serious consequences, of the
RSPCA=3Fs ridiculous cases have been escaping into the public domain. The
truth sells papers better than printing the RPSCA=3Fs press releases,
which furiously spin against honest and decent defendants like the
Griffins. The RSPCA want more donations from people to run more cases
like this. We want to save the RSPCA from animal rights extremists and
its own lawyers, who are regularly paid ten times more than defence
teams. I sincerely hope the result of the Griffins=3F case will be
reported with the same alacrity and prominence that the RSPCA=3Fs
preposterous allegations against them were given. Long may judges like
Gray and Browning, and brave magistrates, like those in Portsmouth,
continue to hear the cases fairly, objectively and also without fear.=3F

Name Withheld ** Names removed to protect individuals who have been the
subject of animal rights harassment. Can be supplied but only to bona
fide journalists.



Notes to Editors:
References

Full details of the cases referred to can be found in the following
articles

Pair cleared of horse cruelty
http://www.eveningnews24.co.uk/content/News/story.aspx?
brand=ENOnline&category=News&tBrand=enonline&t
Category=news&itemid=NOED23%20Jan%202008%2016%3A33%3A20%3A643
or
http://tinyurl.com/23tgq7

BEVA Report
http://cheetah.webtribe.net/~animadversion/bevastatement.htm

YOUNG KENNEL MAID ACQUITTED - RSPCA CRITICISED AGAIN AS YET ANOTHER
=3FCRUELTY=3F CASE COLLAPSES
http://the-shg.org/kennel%20maid%20acquitted.html

RSPCA CRITICISED AGAIN AS YET ANOTHER =3FCRUELTY=3F CASE COLLAPSES
http://the-shg.org/RSPCA%20criticised%20again.html

Trio cleared by court in dog cruelty case
http://www.portsmouth.co.uk/fareham-and-meon/Trio-cleared-by-court-
in.3540766.jp

The Attorney General v The Royal Society for the Prevention of Cruelty
to Animals
http://cheetah.webtribe.net/~animadversion/The%20Attorney%20General%20v%
20The%20Rspca.htm



For further comment please contact Anne Kasica on 01559 371031 or Ernest
Vine on 01559 370566. Mobile 07719 367148. e-mail: shg@the-shg.org

The SHG was officially formed in June 1990 and has been helping people
to defend themselves and their animals from the RSPCA ever since. The
national help line number is 08700 72 66 89

A copy of this and previous press releases from The SHG are online at
http://www.the-shg.org/SHGPressReleases.htm

Background information on the Self Help Group for Farmers Pet Owners and
Other Experiencing Difficulties with the RSPCA can be found at
http://www.the-shg.org

Details of further criticisms of the RSPCA can be found at the RSPCA-
Animadversion website:
http://cheetah.webtribe.net/~animadversion


ENDS






--
Fenris

RSPCA-Animadversion

http://cheetah.webtribe.net/~animadversion/

SHG

http://the-shg.org
 
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