Animal safety fears after cattle farmer escapes life ban in court

The Scottish SPCA has expressed "deep concern" after claims that a farmer, who was banned for life from having cattle, had an alleged breach of the ban dismissed due to a change in legislation.

John Findlay, of Redhouse Farm, West Lothian, appeared at Linlithgow Sheriff Court on Thursday, but his case was dismissed.

The Scottish SPCA said the sheriff had dismissed a charge of breaching a disqualification order by having custody of cattle because the ban had been given under the Protection of Animals (Scotland) Act 1912, which has since been superseded by the Animal Health and Welfare (Scotland) Act 2006.

Scottish SPCA Chief Superintendent Mike Flynn said: "Because this individual was disqualified from keeping animals under the 1912 Act, the sheriff took the view that this was no longer enforceable under the Animal Health and Welfare (Scotland) Act 2006.

"We do not agree with this decision, which effectively means that anyone banned from keeping animals prior to 2006 has now had their ban quashed.

"We are quite sure that this is not what the Scottish Parliament intended when it created the 2006 Act and we would argue that anyone that breaches a ban issued prior to the new act should still be charged and prosecuted."

He warned that the sheriff's decision went entirely against the principle of the 2006 Act, which is to prevent cruelty to animals.

"Somebody somewhere must take a serious look at this situation," he said.

And he added: "We will continue to investigate and report for prosecution anyone found to be in breach of a disqualification order, regardless of when the ban was issued."

About 30 fixed term bans are handed out annually, as well as between one and four bans for life – which are issued only in the severest cases of cruelty.

A spokeswoman for the SSPCA said: "If the law is interpreted as this sheriff has done then it would affect not just the life bans, but anyone with a fixed term ban that is still current."

The spokeswoman added: "We wouldn't want this ruling to set a precedent and we don't think it should."

The SSPCA took legal action against Mr Findlay and staff from the charity attended the hearing to follow what happened.

The spokeswoman said it was the first time an alleged breach had been dismissed due to the change in legislation.

"There have been other cases where people have been taken to court for breaching the order and it has been upheld," she added.

A Scottish Government spokeswoman said: "When the Animal Health and Welfare (Scotland) Act 2006 was brought into force the commencement order ensured bans made under previous legislation would continue to apply.

"Any lifetime bans from keeping animals made under legislation prior to the 2006 Act are still lawful."

The Scotsman attempted to contact Mr Findlay but was told that he did not wish to comment.

Shocking scenes of cruelty and neglect that led to conviction

ALMOST 170 beef and dairy cattle were removed from Redhouse Farm at Blackburn, West Lothian, in 1997 suffering severe neglect. Carcases of calves were also taken away.

In April 1998, farmer John Findlay admitted a catalogue of offences involving neglect, cruelty, failing to bury dead animals and failing to tag his cattle.

Scottish SPCA officers said the cattle were so hungry they had resorted to eating their bedding straw, which was too wet to lie on, and many had festering wounds.

Vets from the Department of Agriculture said one heifer could barely walk because of abnormally overgrown feet.

Both Findlay and his father, Robert, had previous convictions connected with animal neglect.

In 1992, Findlay jnr was fined 800 and banned from keeping cattle for five years because of neglect at a farm he then had near Shotts.

The Findlays were related to the owners of Redhouse Dairy – next to Redhouse Farm – which was the source of a 1994 E coli outbreak that resulted in the death of a child from Bathgate and left 70 others ill.

At that time, Redhouse Dairy was run by Robert Findlay's daughter, Margaret Haston, and her husband, Robert.