CONVICTED (2023) | farmer Diana Felicity Swabey, born c. 1961, of New House Farm, Hollocombe, Chulmleigh EX18 7QH – for the shocking neglect of 200 animals in her care.
Diana Swabey admitted 16 charges under the Animal Welfare Act relating to 81 horses and ponies, four goats, seven rabbits, a goose, cattle, sheep and pigs, following an investigation and prosecution by the RSPCA.
Officers from the RSPCA and World Horse Welfare went to New House Farm, Chulmleigh, in March 2022 following welfare concerns for a large number of animals. They were later joined by a vet and Devon and Cornwall Police to carry out a joint investigation.
What they discovered were animals living in filthy conditions, some with no food and bedding, emaciated ponies, a dead ewe and tumbled down fencing creating a hazard.
During the visit, the RSPCA said Swabey, who had a small bottle of alcohol spirits in her back pocket, used a pitchfork to threaten its officer by pointing it towards her face and squirting water at her. She was also abusive to police at the scene.
When a bull was seen lying down Swabey said someone would soon take for kebabs.
RSPCA Inspector Claire Ryder, who investigated for the animal welfare charity described what she saw when she arrived at the address. She said: “There were two horses in stables standing in their own faeces and urine.
“Next to a horse there were three pigs with no food or water in a dirty environment living in their own filth with no bedding and empty feed containers. In the top stable near the entrance there were a further two pigs again with no food or water living in their own filth.
“In the first field to the left of the property there were a lot of hazards such as barbed wire, old metal, vehicles and fencing. This was scattered over the top part of the field where the ponies could get to. There were many fields and the grazing was extremely poor. There was no hay or signs of any hay being put out for the animals. As we walked around the fields I noticed fencing had come down and the barbed wire was lying on the floor.
“We came to one field where there were approximately 27 ponies in it. Most of the ponies were nervous and you could only get so close before they walked off. The ones that we could see you could clearly see that their hips and spines were protruding and the ribs were visible even through their winter coats. Their coats were dirty and unkept. There was no extra food provided, just the poor grazing.”
She said another field had been blocked off. It contained 11 ponies and sheep. There was one dead ewe and a dead lamb. The sheep appeared poor and quite a few were lame. A lamb seemed to be having problems straightening its legs.
“In the stables at the end of the yard there were poultry in filthy conditions with no food; they had a small amount of dirty water, Claire said. “Next to this stable there were four goats that were in poor bodily condition, no food or water, a dirty environment with a scattering of straw bedding.
“The bull was lying down and I could see its leg was swollen. She said she didn’t want to pay the money for the knacker man and knew someone who would take it for free for kebabs. The bull was lying in a dirty bed with no food or water.
“She then took me to a barn where I could see cattle of various ages and sexes. You could not see their feet due to the amount of faeces they were standing in. They were filthy due to lying in their own mess.”
“In a barn across the road there were cattle who again were living in their own mess knee deep. Young cattle were in there and there was no bedding for them to lay in.
“At the back of the barn there were two emaciated ponies. Living in filthy conditions with no food or water. There were also calves that had no food or water in with the ponies. In a separate bit blocked off there were three pigs that were in poor bodily condition. They had no food, water or bedding. They had a lot of hair loss and were scratching a lot.”
RSPCA officers were joined by equine specialists from World Horse Welfare and the Mare and Foal Sanctuary during return visits to assist in the rescue of the animals who had been seized by police.
The vet said in their witness statement: “It is of my opinion that the majority of these horses have suffered neglect with the remaining animals likely to end up suffering if they had remained in those circumstances.
“The main concerns are that of very poor body condition and dental issues due to inadequate nutrition and internal parasitism, lice infestation, rain scald caused by inadequate shelter and care, and lack of farriery attention. All conditions found above are easily preventable through routine care and preventative treatments.”
The court hear in mitigation that this was not a case of deliberate animal suffering or deliberate neglect of duty but an unintentional failure. At the time, Swabey was caring for her elderly mother and had suffered with Covid on three occasions and had turned to alcohol to help her cope.
Sentencing | 16-week suspended prison sentence; 150 hours of unpaid work; 45 Rehabilitation Activity Requirement days; costs of £400. 10-year ban on owning animals. Deprivation order on the animals still in her care, and given three months in which to rehome or sell them.
