CONVICTED (2012) | Christopher Carter, born c. 1962, of The Burrows, Common Lane, King’s Lynn PE32 1QQ and 22 Daseleys Close, King’s Lynn PE30 3SL and Luke James Byrne, born 22 October 1993, of 22 Daseleys Close, King’s Lynn PE30 3SL – caused animal fights by setting terriers on foxes and a rat caught in traps
Gamekeeper Christopher Carter, who works at the West Acre Estate next to the Queen’s Sandringham estate in Norfolk, was filmed laughing as his dog tore a fox to pieces. In court, he admitted encouraging his dogs to fight with the fox.
Luke Byrne, who at the time was shadowing Carter on school work experience, filmed his terrier Sid ripping apart a trapped fox on the land. He is heard in the footage screaming ‘kill it’.
Jonathan Eales, prosecuting for the RSPCA, showed magistrates video footage, recorded by Byrne, of the fights which saw dogs attacking a rat and foxes animals trapped in snares.
The first clip showed a fight between Byrne’s dog and rat which took place on June 20, 2009.
The other videos showed Carter’s two dogs attacking a fox on July 2, 2009 and a fight between one of Carter’s dogs and a fox on June 15, 2010.
Mr Eales said the offences came to light after a woman bought the phone from Byrne’s parents on Ebay and found one of the video clips.
Both men were raided by the RSPCA and police, who found pictures of three dead birds – a heron, a buzzard and a cormorant – on a laptop at Byrne’s address.
Mr Eales asked magistrates to consider depriving both men of their dogs, who would then be re-homed by the RSPCA, but magistrates refused.
James MacWhirter, defending Byrne, said: ‘If there was a case where you ought to temper justice with leniency, in my submission it’s this kind of case.’
Mr MacWhirter said Byrne regretted his actions ‘with every fibre of his body’.
In a letter handed to the bench, Byrne said: ‘The guilt I feel and the shame I have brought to myself and my family is massive.’
Malcolm Savory, representing Carter, said his client had 15 character references and was a man with no previous convictions, who was of exemplary character.
‘He is held in wide regard as a gamekeeper, as a family man, as a conservationist and a countryman,’ he said.
‘An essential part of a gamekeeper’s job is the control of vermin and that includes foxes. It’s an entirely legal procedure if done properly.’
Mr Savory said the offence which Carter had admitted occurred because he had allowed an inexperienced dog off the leash alongside a more experienced animal, which was marking a snared fox.
He said Carter was ‘full off shame and self-disgust’, adding: ‘It goes against everything he knows, everything he believes.’
Chair of the bench Alison Wakes-Miller said of Byrne that the bench did not feel it necessary to ban him from keeping animals because of his previous good character and because it was not likely he would repeat the offence.
Mrs Wakes-Miller told Byrne: ‘We do not believe you should be deprived of your dogs or banned from keeping dogs because this was a one-off and totally out of character.’
Sentencing |
Byrne: four-month prison sentence, suspended for 12 months; 150 hours of unpaid work; £500 costs.
Carter: eight weeks in prison, suspended for 12 months; 150 hours of unpaid work. £1,000 costs.
Additional Information
West Acre is owned and managed by the Trustees of West Acre Estate, which is headed by wealthy Henry Birkbeck and his son Alec Birkbeck. Following Christopher Carter’s conviction, Alec said his family had been stunned by Carter’s ‘out of character’ behaviour but had not fired their disgraced employee.
He said: ‘It’s been horrible.’
He added: ‘We’re just so glad it’s over, it’s such an unfortunate incident.’
Henry Birkbeck said: ‘The taking of his [Carter’s] own two dogs has caused great stress and trauma for the family.’
The landowner said he intended to stick by his gamekeeper.
He said: ‘My faith may be shattered but not lost.’
Luke Byrne has a business named LJB Stoves.
Despite being directly involved in at least two animal fights, Luke Byrne was described in court as “of good character” with magistrates thinking it unlikely he would repeat his “one-off” acts of animal cruelty. More than three years after his conviction Byrne posted this advert for cruel animal trapping devices on a local Facebook selling site.
We Kindly Ask, That You Do Not Use The Services Of:
LJB Stoves which is Owned by Luke Byrne.
He is clearly Not Safe around anything, and has Brought Shame to his Family.