Puppy farming claims against Dunfermline woman dropped

Case not continued after witness revealed as former charity chief

The case against a Dunfermline woman accused of puppy farming has been dropped after an expert witness was found to be chairman of the charity leading the investigation.

Following a Scottish SPCA probe, Jackie Kemp, 53, was facing animal health and welfare charges relating to puppies she was allegedly transporting from Northern Ireland to Scotland.

But prosecutors dropped the case during the trial after it emerged independent expert witness Harry Haworth was chairman of the Scottish SPCA.

Charity chiefs said Mr Howarth – who retired from the Scottish SPCA last month – has given evidence in many of its animal welfare court cases over decades and fears have been raised the development might spark challenges to other welfare convictions involving the top vet.

The row is the latest to engulf Scotland’s biggest animal charity. Previous chief executive Stuart Earley had to step down after details of his £190,000-a-year salary were revealed.

Mr Haworth maintains he declared his links to the Scottish SPCA in every case he worked on and insisted there was no conflict of interest.

But Thomas Ross QC, former chairman of the Scottish Criminal Bar Association, said a “massive” mistake had been made, adding: “An expert witness is supposed to be independent.

“They are there to assist the court by providing factual evidence, not to assist the prosecution or the defence. Someone who has no ‘interest’ in the case.”

John Robins, of pressure group Animal Concern, said: “This should be a wake-up call for the Scottish SPCA and the way it goes about its business.

“The situation will also raise concerns that other cases where the former chairman has appeared as an expert could now be challenged.”

Ms Kemp appeared at Stranraer Sheriff Court on June 11 facing animal health and welfare charges relating to puppies being transported, which she denied. During the trial her lawyer Philip McWilliams raised concerns about the prosecution’s independent expert, Mr Howarth.

The lawyer also presented a copy of the SSPCA’s latest accounts which showed the charity paid Mr Howarth’s Lamond Vets £72,604 for professional services in 2017. Later in the day, the case was discontinued which a Crown Office spokesman said was due to “insufficient evidence”.

Mr McWilliams said: “It seemed preposterous to us that Mr Howarth could be presented as independent when he was the chairman of the organisation which initiated the investigation and his own firm had a commercial arrangement with the SSPCA. This was pointed out to the sheriff, and the fiscal decided to not continue with the case.”

This should be a wakeup call for the Scottish SPCA and the way it goes about its business. JOHN ROBINS OF ANIMAL CONCERN

Jackie Kemp was facing charges relating to puppies she was allegedly transporting to Scotland.