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”.