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Wednesday, 31 October, 2001, 12:33 GMT
Anger over 'fast-track' culls
New rules could prevent famers avoiding a cull
Farmer Adam Westaway became a legal pioneer when he took on the government over plans to cull his livestock.
Officials wanted to enforce the slaughter of 100 cattle after the foot-and-mouth virus was found on a farm 1500 metres away from his North Devon plot. But Mr Westaway was determined to protect his cherished herd and successfully appealed to preserve his animals. He has condemned new laws designed to "fast-track" culls which may affect the farmers' right of appeal.
"I was obviously worried about the future of my own livestock. "But I was not prepared to allow the slaughter of cattle which had been kept indoors on my farm and I knew could not have come into contact with the infected animals." Father-of-two Mr Westaway allowed the contiguous culling of 160 sheep he owned after the outbreak was confirmed on the neighbouring farm in March. Slaughter appeal He said: "The sheep were kept in a field where they could look through at animals on the neighbouring farm. "In this case there was a high risk that they could have been infected and I agreed to the cull. "But I said from the beginning that my cattle had been kept indoors since last November and there was no way they could have come into contact with infected animals." Mr Westaway contacted Exeter-based lawyer Elaine Addy to stage an appeal against the slaughter of his prized cattle, which were valued at £300,000. He said: "I was the first farmer to consult lawyers and oppose the contiguous cull. "It was very stressful while we waited to find out if the cattle would be saved."
He said: "I was very relieved when the ministry wrote to me and said they would not carry out the cull. "I would oppose any attempts to stop farmers from appealing against slaughtering their animals. "The government doesn't seem to listen to farmers and seems to make it up as it goes along. "I think they brought in draconian culls because they were so concerned with the disease's effect on the General Election." 'Very regrettable' Mr Westaway's animals were tested by officials and were found to be clear of the disease. Ms Addy, who rose to fame as the solicitor at the forefront of efforts to thwart contiguous culling, said she had predicted the government would take action to restrict appeals. She said: "It is not at all unexpected but it is very regrettable. "Of the many, many thousands of animals we saved belonging to 200 farms, all tested negative to the disease. "Our clients' livestock had not been exposed to the disease and to cull them would have been wrong and unlawful under the Animal Health Act 1981, never mind European law."
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