Three hunt members wrongly convicted of fox hunting claim the police and Crown Prosecution Service failed to disclose evidence that would have cleared them.
Paul Larby, Peter White and Jane Wright of the Grove and Rufford Hunt were convicted in March last year of hunting a mammal with dogs in Nottinghamshire.
During their trial at Mansfield Magistrates Court, photos and a video were shown which captured about 45 hounds chasing and killing a fox in January 2016.
Peter White, Jane Wright and Paul Larby (left to right) were wrongly convicted of fox hunting in Nottinghamshire. They claim the police and Crown Prosecution Service failed to disclose evidence that would have cleared them
The case hinged on the pictures and footage taken by two birdwatchers, which appeared to show the attack happen without members of the hunt intervening.
But those criminal convictions were quashed last week at Nottingham Crown Court and now they claim there are 50 photos showing they had tried to stop the hounds.
‘They showed the position of the riders and that I was trying to stop them vocally and by using my horn. It was all over in 30 seconds,’ said Mr Larby, 59.
The hunt members claim the police and CPS, which dropped its opposition to an appeal against conviction halfway through the case, failed to disclose this evidence.
Mr Larby (centre) said he and his colleagues being branded criminals was a living nightmare, but the appeal ruling had given them ‘a huge sense of relief’
Mr Larby said he and his colleagues being branded criminals was a living nightmare, but the appeal ruling had given them ‘a huge sense of relief’.
Last night Stephen Welford, the lawyer for the huntsmen and woman who had been trail hunting, told The Telegraph it was ‘a glaring failure’.
He says the crucial photographs which had not been handed over to the defence at the original trial had emerged during an appeal hearing last week.
‘Unfortunately, when accusations like this are made, certain members of the police and prosecution take the view that your clients are guilty before they’ve been tried,’ said Mr Welford.
He added: ‘Those pictures showed members of the hunt trying to get to hounds to stop them after they had chased the fox that had come out of a hedge.
‘They proved the defendants were innocent and could have done nothing to stop the hounds because it happened so quickly.’
Mr Welford said this evidence proved the case should have never been brought to court.
The case hinged on the pictures and footage taken by two birdwatchers, which appeared to show the attack happen without members of the hunt intervening (above: hounds in Kent)
A spokeswoman for the CPS denied any evidence was withheld at the magistrates court or that prosecutors decided to not contest the appeal case because of issues surrounding disclosure.
‘Before the [magistrates court] trial, in October 2016, 209 photos and a video were disclosed to the defence. During that trial, police uncovered further photos and these were also disclosed, however, the defence saw them and did not ask that they were adduced as evidence.
‘Part way through [last week’s] appeal hearing, following a review of our position, we decided we would no longer contest the application. This decision was not taken due to disclosure issues.’
A spokeswoman for Nottinghamshire Police said: ‘This is not a case of failing to disclose. We complied with disclosure responsibilities and are disappointed with this outcome but respect the decision of the CPS.’
Police and prosecutors have a duty to reveal evidence to the defence that may assist their case or undermine the prosecutions.
This is not the first time that cases have been dropped after police or prosecutors have failed to disclose evidence. More than 900 cases fell apart last year.