Tag Archives: Animal and Plant Health Agency (APHA)

Sutton Coldfield, Birmingham: Mitchell Wright

CONVICTED (2024) | Mitchell Stuart Wright, born September 1990, of 20 Cartwright Road, Sutton Coldfield B75 5LF – kept birds of prey in appalling conditions.

CPS prosecution of Mitchell Wright from Sutton Coldfield, Birmingham - who kept birds of prey in appalling conditions.

Wright had 23 protected species of birds inside aviaries in Whitehill Road, Ellistown, Coalville, when officers arrived in September 2023.

Police said he was keeping the birds in poor conditions and did not have the right paperwork.

Leicestershire Police said Wright failed to hold the correct paperwork for the birds with the Animal and Plant Health Agency.

He pleaded guilty to three offences under the Animal Welfare Act 2006 and Wildlife and Countryside Act 1981, of failing to prevent the causing of unnecessary suffering of an animal, failing to ensure animal welfare and possessing unregistered birds.

Leicestershire and Rutland Rural Policing Team said: “We are really pleased with this result at court and are grateful to all those who helped us with caring for the birds, advising us and giving their expert opinions and statements. We couldn’t have done it without you.”

His birds are now being cared for by local falconers.

Sentencing | 12-month community order, which includes 15 days of rehabilitation requirement and 200 hours of unpaid work; fined £85 towards Crown Prosecution costs and a £114 victim surcharge. Banned from keeping any animals for five years (expires April 2029).

Coalville Nub News
BBC News

Leamington Spa, Warwickshire: Ewan Wells

CONVICTED (2023) | serial offender Ewan David Wells, born c. 1959, of Bridge Farm, Hunningham, Leamington Spa CV33 9EB – for cruelty to sheep and cattle on his farm.

Wells, who was convicted of similar offences in 2011 and 2020, admitted causing unnecessary suffering to a sheep, failing to clean out the areas where his animals were housed and failing to protect his animals from pain, suffering, injury, and disease.

The prosecution was brought by Warwickshire County Council Trading Standards.

The offences, which spanned a period between 1st March 2019 and 1st March 2022, were discovered following visits to the farm by Trading Standards Animal Health Officers and APHA Veterinary Inspectors.

One offence related to causing unnecessary suffering to a ewe and the other two to failing to take such steps as were reasonable in all the circumstances to ensure that the needs of animals for which he was responsible were met to the extent required by good practice.

The court heard that there was a heavy accumulation of muck on the farm, three feet deep in some areas, which would make it difficult for animals, including young calves to walk. In some places muck had reached the same height of the rims of water troughs leading to constant contamination of the water within.

Old, rotten hay and silage had been left at the bottom of a feed ring from which animals were seen eating and in some areas silage and fodder beets were fed from the floor where they were contaminated with faeces.

A shed containing around 200 ewes and some new born lambs had insufficient numbers of water buckets or other water provisions.

Cattle buildings were in poor repair and cattle had access to areas of the farm that had barbed wire on the floor and piles of scrap metal.

Wells’ farm was inspected after he had been prosecuted in 2020 for causing unnecessary suffering to a cow. When problems were found, the tenant farmer was given an opportunity to put things right but failed to do so.

Sentencing | 16 week custodial sentence suspended for 12 months; 15-day rehabilitation requirement; contribution of £6000 towards prosecution costs and £122 victim surcharge. Disqualified indefinitely from owning, keeping or participating in the care of any animals except domestic dogs and cats (can appeal after 28 June 2028).

Warwickshire County Council

Llanfaglan, Gwynedd: Philip Smith

CONVICTED (2023) | Welsh farmer Philip Edmund Smith, Cefn Ynysoedd, Llanfaglan, Caernarfon LL54 5RA – for multiple animal welfare offences leading to 32 sheep being euthanised.

One of the photographs showing the suffering, injury and disease the endured by the animals at Phillip Smith's farm (Gwynedd Council )

Philip Smith, who was convicted of similar offences in 2013, pleaded guilty to animal welfare breaches and for failure to dispose of sheep remains.

Smith subjected animals to unnecessary suffering and failed to take the appropriate and reasonable steps to secure the needs of the flock. This included the need for animals to be protected from pain, suffering, injury and disease.

The court heard that of the 150 sheep seen by officials on his farm, approximately 75% were found to be severely lame and unable to bear weight on at least one limb. Tragically, 32 had to be euthanised due to the severity of their lameness.

One of the photographs showing the suffering, injury and disease the endured by the animals at Phillip Smith's farm (Gwynedd Council )

An album of photographs capturing the shocking conditions and unnecessary suffering of the animals was shown to the court.

Officials were horrified by the condition in which animals were found. It was their opinion that the sheep were experiencing unnecessary pain and suffering; and the defendant should have sought veterinary assistance much earlier.

Animal health officers from Gwynedd’s Trading Standards Service and the Animal & Plant Health Agency (APHA) veterinary team visited the farm several times during July and August 2021 following an anonymous tip-off by a concerned member of the public reporting lame sheep on land at Cefn Ynysoedd.

During the investigation officers from Gwynedd Council’s Trading Standards Service were subjected to threatening and abusive behaviour by Smith.

One of the photographs showing the suffering, injury and disease the endured by the animals at Phillip Smith's farm (Gwynedd Council )

During the initial inspection a collapsed ram was discovered in one farm building. He was severely lame with foot-rot, had severe chronic skin lesions and inflammation of the larynx that would have caused a degree of difficulty breathing. It was the veterinary officer’s opinion that the ram was suffering unnecessarily and needed to be euthanised to prevent any further suffering.

A post-mortem examination carried out on the ram indicated that the skin lesions were likely to have been present for several months and concluded that there was no evidence of paring of the feet to remove the overgrown horn.

Several other sheep were found to be suffering with irreversible foot lesions caused by conditions that may have been treatable had they been identified and treated sooner. Several of the sheep were also suffering from fly strike and had live maggots in their feet.

Sentencing | concurrent suspended prison terms of 26 weeks for the six section 4 Animal Welfare Act offences and 12 weeks for the two section 9 Animal Welfare offences. 20-hour rehabilitation course. Fined £400 for the six Animal By-Product Regulation offences and ordered to pay £4,475 in costs and a victim surcharge of £128. Disqualified from owning, keeping, transporting or dealing in farmed animals for five years (expires June 2028).

Daily Post
Cambrian News

Llanddowror, Carmarthenshire: Eirlys and Dewi Thomas

CONVICTED (2023) | Eirlys Thomas and Dewi Aeron Thomas of Cildywyll Farm, Llanddowror, Carmarthen SA33 4HP – for the mistreatment of livestock.

Neither Dewi Thomas (pictured) or his mother Eirlys Thomas  were banned from working with animals despite causing enormous suffering to cattle and sheep on their disgusting farm
Neither Dewi Thomas (pictured) or his mother Eirlys Thomas were banned from working with animals despite causing enormous suffering to cattle and sheep on their disgusting farm

Mother and son Eirlys and Dewi Thomas were prosecuted for the unnecessary suffering of livestock after concerned welfare officers visited their farm and found animals in an ‘appalling’ condition.

Following welfare concerns, an unannounced visit was carried out at Cildywyll Farm in February 2022 by Carmarthenshire County Council’s Animal Health Officer and a vet from the Animal and Plant Health Agency (APHA).

As the officers approached the farm from the drive, they came across a very thin, brown cow that was lying down in a field by herself. The cow had just calved. The cow was still alive but her calf had sadly died. The cow had not been properly observed or monitored during the birthing process, resulting in the loss of the calf.

In a shed on the farm, officers found another cow lying in muck laying on her right-hand side with her legs tucked up. It was first thought the cow was dead until she was seen to be breathing. The cow was in poor body condition, with no evidence of food or water in front of her and no dry area to lie down. Behind the cow, and against a wall, lay her calf which had died. The cow had been lying in that state, untreated since she had calved 5 days prior. After advice from the farm’s vet, the cow had to be euthanised.

Within the calf pens, was a downer calf that could not get up. After assessing the calf, it was advised to euthanise the calf due to severe pneumonia. Several other calves also needed to be treated for pneumonia but had not received any veterinary treatment.

In the sheep shed, officers found several untreated lame sheep. Two downer ewes were assessed by a vet and it was advised that both ewes were euthanised.

The cows, calves and sheep had no access to fresh drinking water and drank immediately when the officers gave them water.

There were 19 cattle carcasses and 3 sheep carcasses laying around the farm in various stages of decay where wildlife and farm animals, including pigs, had access to the carcasses.

The Thomases both pleaded guilty to four counts of section 4 and three counts of section 9 offences of the Animal Welfare Act 2006, by causing unnecessary suffering.

They also failed to dispose of Category 1 material without undue delay and did not ensure that no animal or bird have access to the carcasses.

Finally, they failed to report death within seven days and therefore failed to comply with The Cattle Identification (Wales) Regulations 2007.

Sentencing | 20-week custodial sentence, suspended for 24 months, concurrent on each charge; 200 hours of unpaid work, 25 days of Rehabilitation Activity Requirements; costs of £2,700.00.

Swansea Bay News
West Wales Chronicle

Deerness, Orkney: Jimmy Moar

CONVICTED (2023) | farmer James Robert Moar, born December 1955, of Rosebank, Deerness, Kirkwall, Orkney KW17 2QL – neglected cattle so badly, two cows had to be put down

Councillor Jimmy Moar kept livestock in hazardous conditions and failed to feed them properly. Despite this, he wasn't banned from owning animals
Councillor Jimmy Moar kept farm animals in hazardous conditions and failed to feed them properly. Despite this, he wasn’t banned from owning animals

Moar, councillor for Orkney’s East Mainland, South Ronaldsay and Burray, pleaded guilty to two animal welfare charges dating back to spring 2022.

Both of the incidents took place at Moar’s home address in Deerness, where he kept around 50 cattle and several sheep.

Livestock on councillor Jimmy Moar's farm were left to suffer because he had "too many plates to spin"
Livestock on councillor Jimmy Moar’s disgusting farm were left to suffer because he had “too many plates to spin”

In court, Moar admitted to causing unnecessary suffering to two cows, between April 7 and May 5, 2022, by failing to provide them with veterinary treatment or pain relief for their foot infections.

He also failed to provide them with sufficient nutrition which led to them becoming emaciated and requiring euthanasia.

The second charge said he failed to ensure the needs of a number of cattle were being met.

Several emaciated cows were found on Jimmy Moar's farm and two had to be euthanised on welfare grounds
Several emaciated cows were found on Jimmy Moar’s farm and two had to be euthanised on welfare grounds

He admitted to failing to provide them with comfortable, clean and dry resting areas; feed that was free of faecal contamination; and failed to seek veterinary treatment for their lameness.

This second offence took place between May 6 and 17, 2022.

Following Moar’s guilty plea in December 2022, the court had deferred his sentence to see if there was any evidence of him improving the condition of his animals and making significant changes at his farm.

Further inspections from the Animal and Plant Health Authority (APHA) took place ahead of sentencing.

According to Moar’s solicitor, these found that significant improvements had been made.

The solicitor said, at the time of the offences, Moar had been running for council, while also working on his farm and as a builder.

This had resulted in “too many plates to spin” and Moar becoming “overloaded.”

The solicitor conceded that “animals suffered as a result.”

In light of ‘improvements’, having been made Sheriff David Sutherland decided not to disqualify Moar from keeping animals.

In a separate case, Moar was sentenced to a further 40 hours of unpaid work on a charge of assault dating to January 2021.

Sentencing | 120 hours of unpaid work to be completed within one year; two-year supervision order.

Daily Record
BBC News

Brent Knoll, Somerset: Sally Jones

CONVICTED (2023) | Sally Victoria Jones, born September 1959, of Meadow Vale, Brent Knoll, Highbridge TA9 4BE – for cruelty offences to cattle on her smallholding.

Jones kept animals in poor and unsafe conditions with a rusty gate and barbed wire. Inspectors also found a collapsed calf in an emaciated condition, which had to be put to sleep

Jones pleaded guilty to causing unnecessary suffering to the calf and three other charges for failing to ensure that animals had access to a dry lying area, failure to remove or repair sharp edges or protrusions which posed a hazard to livestock, and failure to dispose of animal-by products without ‘ undue delay’.

In addition she admitted breaching biosecurity measures put in place to reduce the risk of spread of Avian Flu.

The case against Jones was brought by Heart of the South West Trading Standards Service following concerns by members of the public.

Sentencing | £307 fine for unnecessary suffering, £184 fine for the lack of dry lying area for her cattle, £184 for the animal-by product offences, £184 fine for the sharp objects in which her cattle and sheep had access and £184 fine for breaching bio security measures in place to reduce the risk of spread of avian influenza. She was also ordered to pay £3,495 in legal costs and a £104 victim surcharge. Lifetime ban on keeping cattle.

SomersetLive

Winterbourne Abbas, Dorset: Ireosa Ltd t/a Robert Honeybun & Son

CONVICTED (2022) | dairy farmer Robert Mark Honeybun / Ireosa Ltd, of Higher Kingstone, Russell Farm, Winterbourne Abbas, Dorchester DT2 9EU – for cruelty to cows and calves.

Ireosa Ltd, which is operated by Robert Mark Honeybun, born November 1960, pleaded guilty to causing unnecessary suffering to a cow and a calf by failing to care for them, along with a series of other offences relating to conditions on their farm.

The court heard how officers visited the farm in April 2021, together with a vet from the Animal and Plant Health Agency. They found three calves that were clearly sick and emaciated; dirty pens, water troughs and feeding equipment, and a cow with a badly injured front leg that had not received veterinary treatment for three months.

They also had to free a calf trapped in wire that had been left in a field with livestock. Various cattle bones and a skull were found dotted around the farm as well as dead calves in pens with live cattle.

The court was told that officers from Dorset Council’s trading standards service had been visiting the farm for over six years with the aim of ensuring that welfare standards were improved.

As a result of their visit in April 2021, the farm had lost its Red Tractor accreditation for a minimum period of two years.

Representatives of the farm appeared at Poole Magistrates Court for sentencing on 20 September 2022, having pleaded guilty to seven offences at an earlier hearing.

It was reported in November 2021 that Robert Mark Honeyman faced cruelty charges as an individual in relation to the cattle, but it’s not clear if the case against him personally is to proceed separately.

The offences were against animal health and welfare, animal by-products and feed legislation, and were brought to court following an investigation by Dorset Council Trading Standards.

They were fined a total of £52,650 and ordered to pay prosecution costs of £6,186.

ITV News

Pembroke Dock, Pembrokeshire: Richard Scarfe

CONVICTED (2022) | farmer Richard Scarfe, born 9 February 1981, of Park Street, Pembroke Dock SA72 – convicted of numerous charges relating to animal welfare and farm practice violations.

Richard Scarfe. Picture: Facebook.
Richard Scarfe. Picture: Facebook.


Scarfe left pigs, goats, donkeys, bovines and sheep in wretched conditions and often without clean drinking water or food. Scarfe is the owner of four-acre site Highland View Fold, The Ridgway, Lamphey, where the offences took place. The premises also operates as a holiday campsite.

Animals on Richard Scarfe's farm were found  in a distressed state, covered in mud and with a lack of shelter.
Animals on Richard Scarfe’s farm were found in a distressed state, covered in mud and with a lack of shelter.

The offences occurred between 2019 and 2021. During this period animal welfare inspectors from the local authority, police officers and, on occasion, Animal and Plant Health Agency officials, made repeated visits to the site and warned Scarfe about the condition of his animals.

Pembrokeshire County Council bought the case to court after describing what they witness on the farm, pigs lying in muddy pens, four animal carcasses found in fields, soiled bedding, dirty water.

Scarfe's Facebook appeal

On March 4, 2021, there was a plan to seize animals, but this was scuppered when Scarfe sent out a message on Facebook telling people that his animals were going to be taken for no reason.

Eventually 30 to 40 people showed up on the farm and blocked police attempts to seize the animals.

Richard Scarfe with partner Ceri Brodie. Picture: Facebook.
Richard Scarfe with partner Ceri Brodie. Picture: Facebook.

Scarfe, who had eight years’ experience of livestock management after working in asbestos removal, claimed he was being harassed by inspectors.

His defence solicitor said her client loved the animals and did his best for them.

She gave a defence answer for each claim, saying the dead animals found in the field were left there temporarily due to being unable to be moved because of a broken tractor.

On pigs being hungry, she claimed the pigs were only needed to be fed once a day.

Water troughs being dirty was because the water was caught off the roof and had a muddied appearance.

Scarfe pleaded guilty to the images shown in court however, said he had changed his working practices and improved the conditions.

District Judge Christopher James was left shocked animals were left in Scarfe’s care.

He said: “I have seen in the report that you think you have not done anything wrong and you were advised to plead guilty, which shows contempt and arrogance.

“[These offences] are partly motivated commercially and partly by you wanting to provide for your family.

“I note that there has been points of incompetence rather than neglect. Nevertheless the number of animals involved and the images seen are particularly serious.”

Scarfe and Brodie also operate a public campsite from Highland Fold View in Lamphey. Picture: Facebook
Scarfe and Brodie also operate a public campsite from Highland Fold View in Lamphey., Pembrokeshire Picture: Facebook.

The judge added that Scarfe “had numerous opportunities throughout this time to address” the issues.

He continued: “It is clear that the greater harm category is met, given that there have been a number of deaths to animals and a high level of suffering caused over a sustained period.

“The level of suffering over an elongated period where you thought you were doing your best is simply not good enough.

“It is clear you do not have the means or experience to meet the minimum standards expected of animals in your care. I am surprised animals were left with you.”

Sentencing: 17 prison sentences to run concurrent at a total of 14 weeks, suspended for two years; 240 hours of unpaid work. Disqualified from owning livestock or participating in keeping them for five years in respect to goats, donkeys, bovines, sheep and pigs.

Daily Star
Swansea Bay News


Update | April 2023

The Western Telegraph reported that nearly 100 animals were seized from a farm at the Ridgeway, Lamphey, Pembrokeshire due to concerns over animal welfare, A man believed to Richard Scarfe was arrested.

Dyfed-Powys Police, the RSPCA, and inspectors from Pembrokeshire’s animal health and welfare team were called to the scene on Tuesday, April 18. 2023.

In total, 94 animals were removed: one cow, five dogs, 19 various poultry, 26 sheep and 43 pigs.

Animal health officers from Pembrokeshire County Council visited the land, and acted after vets issued a Section 18 determination – meaning the animals were suffering or were likely to suffer if they were not removed.

All of the animals were taken to safety where their veterinary needs were assessed and their care be monitored.

Dyfed-Powys Police confirmed that a man was arrested on suspicion of breaching a disqualification order which had been made under the Animal Welfare Act.

A spokesperson for the force said: “On Tuesday, April 18, Dyfed-Powys Police Rural Crime Team Officers assisted RSPCA, Pembrokeshire Animal Health and Welfare Inspectors with the seizure of a number of animals at an address in Lamphey, Pembrokeshire.

“A 42-year-old man was arrested on suspicion of breaching a disqualification order under the Animal Welfare Act.

“He has since been released under investigation.”

A Pembrokeshire County Council spokesperson said that further proceedings will now follow.

Cllr Michelle Bateman, cabinet member for housing operations and regulatory services, said: “I commend the actions of council officers and partners to remove these animals, prevent suffering and protect their welfare.

“I hope this action will serve as a deterrent to others that Pembrokeshire County Council will act decisively where serious cases of animal neglect and suffering arise.”

Charnwood, Leicester: Ricardo James

CONVICTED (2021) | Ricardo O James, born 14 February 1979, of 97 Bale Road, Leicester LE4 9BG – left dead animals to rot on his farm while others went without food or water.

Ricardo James, owner of James Farms, Keyham Lane East, Scraftoft, Leicester allowed his animals to suffer in poor conditions while leaving dead sheep and lambs in a plastic container on his land.

Leicestershire Trading Standards Animal Health Team officers and the Animal and Plant Health Agency (APHA) raised a number of concerns about the poor condition of the animals during a visit to the farm on November 3, 2020.

Several dead sheep and lambs were found in a blue plastic tub in an area where around 20 other sheep, seven cattle, 13 goats, 20 pigs and 12 geese were also being kept.

James was warned and advised to fix six issues which the inspectors had classed as ‘requiring improvement’.

But animal health team officers and APHA veterinarian then found the standards in which animals were being kept had “rapidly deteriorated” in several areas when they revisited the site on November 13, 2020.

A number of animals on the land had been left without fresh water, adequate food or suitable shelter.

“Of the six points of requiring improvement, only one had been acted upon,” a spokesperson for the county council said.

Mr James was then charged with ten different offences, which included:

  • Failing to dispose of livestock animal carcasses without undue delay
  • Two charges of failing to ensure the needs of the animals were met
  • Failing to provide pigs with continuous access to fresh drinking water.
  • Failing to provide livestock with buildings which could be thoroughly cleaned and disinfected
  • Failing to provide pigs with accommodation with a covered floor
  • Not providing a suitable environment to five cattle which had a poor body condition
  • Not providing a suitable diet to five cattle with a poor body condition
  • Not protecting five cattle with a poor body condition from pain, suffering, injury and disease.
  • Failing to provide a sufficient number of skilled staff

Sentencing

James pleaded guilty to all 10 related offences and was sentenced to 12 weeks in custody, suspended for 12 months.

He was also handed a life disqualification from keeping and dealing in farmed animals, which in accordance with the law will be suspended for a 21-day period to allow the animals to be removed.

As part of his sentence, James will not be able to appeal for his disqualification to be lifted for five years,

He was also ordered to pay a victim surcharge of £128 and contribute £500 towards the prosecution’s costs. The Leicestershire County Council Trading Standards Service accepted a collection order of £75 per month with the first payment within 28 days.

Leicestershire Live

Ilfracombe, Devon: Andrew Conibear

CONVICTED (2021) | farmer Andrew John Conibear, born c. 1964, of Vellacott Farm, Combe Martin, Ilfracombe EX34 0PG – failed to look after animals in his care.

Over two years Conibear had repeatedly been advised by officers from Devon, Plymouth, Somerset and Torbay Trading Standards and vets from the Animal and Plant Health Agency about the condition of his livestock.

The animals were in poor condition with little food and suitable conditions to lay.

In one instance a lamb was so weak he could not stand and had to be euthanised to prevent further suffering.

Conibear pleaded guilty to failing to look after animals in his care .and to failing to dispose of dead livestock without ‘undue delay’.

Sentencing | Ordered to pay a £150 fine and a £34 victim surcharge. Banned from keeping cattle and sheep for two years (expired June 2023). The court suspended the ban for three months in order to give Conibear time for the sale and disposal of his existing livestock.

South West Farmer