Lamb case raid evidence allowed

The evidence was ruled admissible at Peebles Sheriff Court

A sheriff has ruled that evidence gathered in a farm raid can be used in the case of a rural affairs civil servant accused of animal cruelty.

Andrew Struthers, 48, is accused of leaving more than 50 lambs to starve in fields near West Linton in the Borders.

His lawyers had argued the raid evidence was inadmissible - as it was gathered without a search warrant.

Sheriff John Horsburgh disagreed and ruled that the evidence was admissible when the case resumes next month.

At Peebles Sheriff Court, lawyers for Mr Struthers had claimed his human rights were breached by a raid on his fields at Deanfoot Farm last January.

Mr Struthers, who lives at Kettleshill Farm, faces charges of failing to supply food for lambs and failing to dispose of carcasses.

No warrants

The government environment department official is believed to be among the first people brought to court under the Animal Health and Welfare (Scotland) Act 2006.

Inspectors from the Scottish Society for the Prevention of Cruelty to Animals failed to obtain search warrants for his six fields in January last year.

Mr Struthers' lawyers said this meant their evidence should not be allowed.

However, the Crown argued that despite the failure to gain warrants, the inspectors were within their rights.