Three members of a hunt celebrate being cleared of illegally killing fox

Three members of a hunt who were wrongly convicted of fox hunting have accused police and the Crown Prosecution Service of failing to disclose vital evidence that could have cleared them a year ago. 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 after a trial at Mansfield Magistrates Court.

The case hinged on photographic and video evidence taken by two birdwatchers which showed around 45 hounds chasing and killing a fox in January 2016 apparently without the members of the hunt trying to stop them.

However, those criminal convictions were quashed last week at Nottingham Crown Court after the CPS suddenly dropped its opposition to an appeal against conviction halfway through the case.

Last night, Stephen Welford, the lawyer for the huntsmen and woman who had been trail hunting in Nottinghamshire, said the trio had been wrongly convicted because the prosecution failed to disclose photographic evidence that showed they had tried to stop the hounds killing the fox.

“I think someone failed to disclose pictures to the defence at the original magistrates hearing,” he said. “It’s a glaring failure. The defendants may well not have been convicted if we had had full disclosure.

“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.”

He said the convictions hinged on 209 photographs and a video that appeared to show the hunt chasing and killing a fox. However, during last week’s appeal Mr Welford claims it emerged that 50 photographs proving the defendants’ innocence had not been handed over to the defence at the original trial.

“It was the first we had heard of them,” he continued. “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.

“Consequently, the prosecution case at appeal collapsed half way through. It proves the case should never have come to court.”

Last night, Mr Larby, the 59-year-old huntsman, said he had endured a living nightmare in  which the three members of the hunt were branded criminals.

Speaking from his Nottinghamshire home, he said: “The photographs that emerged backed up our side of the story and were crucial evidence. 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.

“But, the CPS and police failed to disclose this evidence that would have cleared us all. The appeal ruling, however, has given us a huge sense of relief.”

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.”

Last year, more than 900 cases had charges dropped following failings by either the police or prosecutors to disclose evidence. The problem surrounding disclosure came to light after a rape charged against the London student, Liam Allan, collapsed when it was found evidence had been withheld which showed the woman who accused him had sent him text messages pestering him for sex.

Police and prosecutors have a duty to reveal evidence to the defence that may assist their case or undermine the prosecutions.

Earlier last week, Evo Shirley, the 27-year-old master of the Portman Hunt in Dorset, was cleared of hunting a wild mammal with dogs.