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Page last updated at 19:34 GMT, Monday, 4 August 2008 20:34 UK

Swan case men want costs refunded

Dead swans
The carcasses were found in Radwell in October 2007

Prosecutors are facing a £47,000 legal claim after a court case against three men, accused of killing 29 swans, collapsed when key evidence was lost.

The swans, all shot, were found buried in a pit in Bedfordshire last year.

Stephen Barrett, 38, Marcus Walker, 51, and Darren Walker, 47, all from Chesham, Buckinghamshire, pleaded not guilty and a trial was set for Monday.

Bedfordshire Police admitted losing key evidence, the charges were dropped and the Walkers want their costs refunded.

The land where the birds were found in October 2007, near water at Radwell Lake, in Bedfordshire, belonged to brothers Darren and Marcus Walker.

Speaking exclusively to the BBC, Darren Walker, when asked whether they killed the birds, replied: "Most definitely not. We like wildlife. We bought the land because of the wildlife."

We've had several cases with Bedfordshire Police and we've been disappointed generally in some of those cases
Mark Thomas, RSPB

Asked if they knew who buried the swans on their land, he said: "I only wish I knew and if I knew I would give the information to the police."

The brothers said the collapse of the case had robbed them of a chance to clear their names.

They said they would be seeking their legal costs of £47,000 back from the prosecutors.

The case against the men hinged on a bullet used to kill one of the birds.

The ammunition was kept here at Greyfriars Police Station in Bedford.

It was the key piece of evidence for the prosecution, but on Friday - just three days before the trial was due to start - the police admitted the ammunition had been lost and the case collapsed.

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Because of the mistake, all charges have been dropped

Mark Thomas, of the Royal Society for the Protection of Birds, said: "We've had several cases with Bedfordshire Police and we've been disappointed generally in some of those cases.

"We hope now we can have a review which the RSPB can join and speak to the police and hopefully get wildlife crime looked at in Bedfordshire more seriously than it has done in the past."

In a statement Bedfordshire Police said: "The case was taken seriously by police.

"However the loss of ammunition means there's no longer a realistic prospect of conviction. A full review of the case will be conducted."


SEE ALSO
Swan death case dropped
01 Aug 08 |  Beds/Bucks/Herts
Three men deny killing 29 swans
13 Mar 08 |  Beds/Bucks/Herts

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