Five people are due to appear in court on 13 May to face charges relating to cruelty and neglect of 125 horses, ponies and donkeys.
James John Gray (05/09/63) of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire; Julie Gray (24/05/67) of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire; Jodie Gray (12/09/82) of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire; and Cordelia Gray (29/05/88) of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire are due to appear at Banbury Magistrates Court at 10am on Tuesday 13 May.
They face 12 charges related to section 4 and section 9 of the Animal Welfare Act 2006 and cover causing unnecessary suffering to and failing to meet the welfare needs of a total of 125 equines, removed between 4 and 12 January 2008.
A 15-year-old male, who cannot be named for legal reasons, will also be facing charges in connection with this case.
Mr Gray and the four co-defendants face 12 charges relating to the Animal Welfare Act 2006 and cover causing unnecessary suffering to and failing to meet the welfare needs of a total of 125 equines. The pre-trial review for this case takes place at Oxford Magistrates on 28th April, however, it is unlikely that the case will actually come to court until later this year.
Speaking after the hearing at Oxford Magistrates’ Court, RSPCA chief officer Tim Wass said: “We are delighted that the judge has suspended his original order.
“The immediate welfare of the animals is secure and we will continue to fight to keep them safe in the future.”
The Gray family, James, aged 44 years, his wife Julie and daughters Cordelia and Jodie, did not attend yesterday’s hearing.
Phillip Williams, representing the family in the civil proceedings, said the animals involved were not part of the Grays’ horse trading business but were family pets and were not at immediate risk in their care.
He said there was one pony called Disadvantaged Jenny who the Grays were willing to surrender to the charity’s care to prevent her from undergoing any further stress.
He said: “The animal has digestive problems and is old and blind.
“Not wanting to put that animal through any further stress James Gray is willing to hand her over.”
He said the RSPCA’s officer had only had a short time to assess the conditions on the Grays’ farm.
Judge Kainth said he agreed with the RSPCA that as the animals were pets their business had not been disrupted by having them confiscated.
He said: “I therefore take the view that a stay is the appropriate way forward.
“My original ruling from the 4th of April is suspended.”
The Judge ordered the Grays to pay the RSPCA’s £3,000 legal fees.
The family is due back at Oxford Magistrates’ Court on April 28 to face criminal proceedings for 12 charges of causing unnecessary suffering to animals that were removed from Spindles Farm between January 4 and 12, 2008.
Daily Mail
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The British Horse Society has expressed its delight at the legal decision to put a stay in place until a High Court appeal is heard, which prevents the return of any of the horses rescued from Spindles Farm, Amersham.
An initial hearing took place on 4 April, when it was ruled by Deputy District Judge Sandeep Kainth at Oxford Magistrates Court that 11 donkeys and 18 Shetland ponies should be returned to Jamie Gray from whom the animals were seized in January.
While Deputy Judge Kainth did not have the power to reverse his original decision, the stay means the horses, ponies and donkeys will be able to remain in the care of the charities that rescued them until an appeal by the RSPCA against his original ruling is heard in the High Court
BHS Welfare Senior Executive Lee Hackett said: “This is fantastic news. We are delighted that Deputy Judge Kainth has done everything in his power to ensure that the animals involved remain in the best possible hands for the foreseeable future.
“It is an enormous relief that the animals will be able to remain in the care of the numerous charities who have worked so hard to rehabilitate them until the RSPCA appeal is heard. We are fully behind the RSPCA in their appeal and offer our unconditional backing and support.
The January rescue of more than 100 horses, ponies and donkeys from the premises of Jamie Gray was one of the largest equine welfare operations ever to have take place in the United Kingdom. It saw many different horse welfare organisations working together to seize and subsequently rehabilitate the animals involved
For further information, please contact: Lee Hackett, Senior Executive Welfare, The British Horse Society, 01926 707804 or l.hackett@bhs.org.uk
A hearing to decide the immediate fate of 29 donkeys and Shetland ponies owned by the Gray family has resulted in the animals remaining in the care of the RSPCA and other welfare organisations, pending the result of a High Court appeal.
Deputy District Judge Sandeep Kainth, suspended his original court order for the 11 donkeys and 18 ponies to be returned to the family, and for the remaining 82 horses to be sold at auction, in light of representations made by the RSPCA at Oxford Magistrates Court yesterday (14 April).
The matter will now be taken by the RSPCA to the High Court, during which time the whole court order, made on 4 April, will be stayed.
At yesterday’s hearing, James Gray of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire had applied for the RSPCA to immediately return 29 animals that they and other welfare charities have been caring for since police seized them in January 2008.
The RSPCA instead requested for the Deputy District Judge’s case to be stated for purposes of judicial review, and that the order be stayed in the interim period. Judge Kainth found in the RSPCA’s favour.
For the RSPCA, Phillip Havers, QC, said that to enforce the previous order to return the animals would effectively be deciding the outcome of a judicial review before it was concluded.
He also said that there would be a risk of suffering to the donkeys and ponies if they were returned as donkeys were among the dead animals removed in January. Also, prosecution vet Robert Baskerville found that one of the donkeys was “considered to be at risk of death within hours or days unless it received urgent specialist treatment.”
“We are, of course, delighted that the animals will remain in the care of the animal welfare charities for the immediate future and will do all we can to secure their long-term well-being,” said the RSPCA’s Chief Officer Tim Wass.
“We have very real concerns for the welfare of the donkeys, ponies and horses involved, which is why we are asking the Deputy District Judge to explain the original decision.”
Mr Justice Wyn Williams, at the High Court on Friday 14 April, had referred Mr Gray’s application for the immediate return of the donkeys and ponies back to Oxford Magistrates Court, stating that: “by far the most appropriate person to enforce the order is the person who made the order”.
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The court order for the return of the 29 donkeys and ponies, along with the sale at auction of 82 other horses, was made on 4 April 2008 by Deputy District Judge Kainth following an application by the Gray family for their return, under Section 20 of the Animal Welfare Act 2006. The RSPCA contested this application, and had argued that they should be allowed instead to oversee the rehoming of the animals in order to safeguard their future welfare.
The animals will remain in the care of the RSPCA, Horse Trust, ILPH, and Redwings until the outcome of the judicial review.
The pre-trial review for the RSPCA’s criminal case against James John Gray, Julie Gray, Cordelia Gray and Jodie Gray – along with a 15 year old male – will be heard on 28 April 2008 at Oxford Magistrates Court. They face 12 charges related to section 4 and section 9 of the Animal Welfare Act 2006 and cover causing unnecessary suffering to and failing to meet the welfare needs of a total of 125 horses, ponies and donkeys, removed from Spindle Farm between 4 and 12 January 2008.
