Lamb cruelty case faces challenge

The human rights claims were made at Peebles Sheriff Court

A legal challenge has been made in the case of a rural affairs officer accused of starving more than 50 lambs.

Lawyers for Andrew Struthers claim his human rights were breached by a raid on his fields at Deanfoot Farm near West Linton in the Borders last January.

The 48-year-old, who lives at Kettleshill Farm, faces charges of failing to supply food for lambs and failing to dispose of carcasses.

A sheriff will decide whether evidence obtained in the raid is admissible.

Mr Struthers is believed to be among the first people brought to court under the Animal Health and Welfare (Scotland) Act 2006.

However, the case may not reach trial as officers from the Scottish Society for the Prevention of Cruelty to Animals failed to obtain search warrants for the six fields in January last year.

Peebles Sheriff Court heard this week, during a pre-trial legal debate, that Chief Inspector Paul Anderson and Inspector Ross Wilkie observed the fields for a couple of days before entering the farm without a warrant.

SSPCA evidence

It is alleged that the officers discovered the remains of 52 lambs scattered around the six fields at Deanfoot Farm.

It is further claimed a further three had to be destroyed by the divisional veterinary officer.

During their visit to the farm they also gathered evidence, taking 64 photographs and removing three carcasses for diagnostics.

Almost the entire prosecution case against the Environmental and Rural Affairs officer relies on the evidence gathered by the SSPCA officers.

Despite the failure to gain warrants, the Crown argues, the officers were within their rights.

Sheriff John Horsburgh will decide if the evidence collected by the SSPCA at Deanfoot Farm will be admissible.

The debate was adjourned until 19 March, when a decision will be made.