A High Court hearing to decide the immediate fate of 29 donkeys and Shetland ponies owned by the Gray family has today been adjourned.
A legal application was made this morning by James Gray of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire 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 application was made by James Gray after Deputy District Judge Kainth ordered that 11 donkeys and 18 ponies be returned to him by the RSPCA, at a hearing in Oxford Magistrates Court last Friday (4 April). The Society is yet to return the animals.
“We have very real concerns for the welfare of the donkeys, ponies and horses involved, and so have asked the District Judge to explain his decision,” said the RSPCA’s Chief Officer Tim Wass.
“Meanwhile, we will continue to care for the animals and explore all available legal avenues in order to secure their future welfare.”
Today’s hearing focused on points of law rather than the welfare of the animals. Speaking in the High Court this morning, Mr Justice Wyn Williams stated that he had to have regard to the proper legal procedure and so directed the Grays to instead address the matter to the District Judge.
Mr Justice Wyn Williams acknowledged that the RSPCA has formally asked the Deputy District Judge Kainth to state his case and concluded: “by far the most appropriate person to enforce the order is the person who made the order”.
The future welfare of the Amersham horses has been thrown into doubt after a court has declared that 11 donkeys and 18 Shetland ponies should be returned to their owners, and has ordered the remaining 82 horses to be sold at auction.
At a hearing at Oxford Magistrates Court on Friday (4 April), Deputy District Judge Sandeep Kainth partially accepted the application made by James John Gray, Julie Gray, Cordelia Gray and Jodie Gray, of Spindle Farm, Hyde Heath, Amersham, Buckinghamshire to have 29 of the 111 equines returned to them. The court heard that these animals were considered family pets by the Grays.
The RSPCA, which contested the Grays’ application for all the animals to be returned, argued in court that it instead should oversee the rehoming of the animals in order to safeguard their future welfare. However, Mr Sandeep Kainth said the donkeys and Shetland ponies had to be returned to the Grays “as there is no evidence to show they are in any danger.”
However he was not happy for the remaining horses to be in the care of the Grays, and ordered they be sold at the first auction in May at Henley-in-Arden, Warwickshire.
The Society, with help from other welfare organisations, has temporarily been caring for the horses, ponies and donkeys after they were seized by police in January. It will now seek all legal avenues open to it to contest the court’s decision.
RSPCA Inspector Kirsty Hampton said: “We are devastated that the court has today ordered that some of the animals be returned to the defendants, as we have grave concerns about their ability to care for them. It is now our intention to pursue all other legal avenues available to us in order to secure the welfare of the animals involved.
“On Friday the court had a flavour of the reasons for our concern. This has also been reflected in the evidence of two vets, and of the public, who continue to call us with serious worries about the welfare of other horses currently in the Grays’ care.
“We had hoped that the court would ask us to seek new owners for them who were guaranteed to provide for their future welfare. An open sale to an unknown bidder means that we cannot be sure of the level of future care they will receive. Hopefully they will be bought by people who will properly care for them into old age.
“Given criminal proceedings are active, the RSPCA must remain cautious about commenting on evidence for that case.”
The judge also set the date for a pre-trial review of the RSPCA’s criminal case against James John Gray, Julie Gray, Cordelia Gray and Jodie Gray - along with a juvenile - after they entered ‘not guilty’ pleas. This 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 equines, removed between 4 and 12 January 2008.
