The Sunday Post (Inverness)

CROWN IN DOCK AS PUPPY FARM CASE COLLAPSES

Row erupts after woman facing animal charges walks free

- By Andrew Picken and Gordon Blackstock apicken@sundaypost.com

Prosecutor­s faced criticism last night after a puppy farming trial collapsed when questions were raised over the independen­ce of a key witness.

The Crown Office abandoned the case against Jackie Kemp after her solicitor challenged the status of veterinary witness Harry Haworth. He pointed out Mr Haworth was also chairman of the Scottish Society for the Prevention of Cruelty to Animals, which led the investigat­ion against Kemp.

A top lawyer said: “An expert witness is supposed to be completely independen­t.”

Now there are fears other animal welfare cases Mr Haworth has given evidence in could face legal challenges.

Apuppy farming prosecutio­n was dropped after it was revealed an independen­t expert giving evidence in the case was also the chairman of the charity which carried out the investigat­ion.

The row last night sparked fears that other animal welfare conviction­s which involved the expert might be challenged. 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 SSPCA.

It also emerged that the experience­d vet’s Livingston-based surgery banked £70,000 a year in business from the charity.

The concerns were also raised during a separate animal welfare case earlier this year.

Charity chiefs said Mr Howarth – who retired from the SSPCA 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 we revealed his £190,000-a-year salary. Mr Haworth last night said he declared his links to the SSPCA 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.

“To be fair to the foot soldiers of the Crown Office, they

Harry Haworth

This should be a wake-up call for the SSPCA

are all struggling with such heavy workloads it’s doubtful any of them would have had the time to ‘Google’ this chap beforehand.

“In theory, if this expert witness has given evidence in similar cases where there has been a conviction, there may be grounds for appeal. But that is not straightfo­rward. For example, you would have to prove that had the expert witness not given evidence there would have been no conviction and cases are rarely that simple.”

John Robins, of pressure group Animal Concern, said: “This should be a wake-up call for the SSPCA 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.” Dunfermlin­e-based 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 fact the prosecutio­n’s independen­t expert, Mr Howarth, was the SSPCA’S chairman.

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.”

Mr Howarth’s role in another case this year also faced a challenge.

Robert Jackson was facing animal health and welfare charges relating to four dogs in his care at Hamilton Sheriff Court on February 7. Mr Howarth was the independen­t expert in the case and Mr Jackson’s defence solicitor Gillian Barsanti, of Beltrami & Co, challenged his independen­ce during cross examinatio­n along the same lines of the Kemp case. Mr Jackson was later acquitted of all charges.

In both the Kemp and Jackson cases, Mr Howarth stated he was a director of the SSPCA, was not involved in the charity’s operationa­l matters and was speaking as an experience­d member of the Royal College of Veterinary Surgeons. Mr Haworth said: “I was not employed by the SSPCA at all. My role as a director and then eventually chairman was voluntary. I never claimed a penny.

“My role in the Kemp case was purely as a private veterinary surgeon where I was asked to examine pups and review a statement.

“I have been doing these sorts of cases for 35 years – only 13 years of which did I have a role in the SSPCA.

“It is written on every statement I have given to a court in the last 13 years that I am director of the SSPCA, for which I receive no financial benefit. That is absolutely the case. Now it doesn’t go on to say we can’t charge for private work – our practice could not exist financiall­y if I did all the work I did for the SSPCA free of charge. This court case was just becoming a mess because of the Crown and, in my view, they were looking for a reason to dump it.” The hierarchy of the SSPCA has come under close scrutiny since a series of exposés by The Sunday Post about previous chief executive Stuart Earley.

Mr Earley earned £216,000 in 2015 – a salary of £185,000 and a £31,000 bonus – as well as pension contributi­ons of £31,000. He left the charity shortly after it was revealed his basic pay had increased by 3.2% from £185,000 to £190,855.

SSPCA Chief Superinten­dent Mike Flynn said: “Harry Haworth was a fantastic chairman at the society. “He has given evidence in many successful Scottish SPCA cases in court as a qualified independen­t veterinary surgeon and his non-operationa­l role as a member of the board is declared in all statements. The team at Lamond Vets provide all veterinary treatment for the animals at our centre in Balerno, which will continue.” A spokesman for the Crown Office said it would be inappropri­ate to comment.

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 ??  ?? Puppies are often housed in terrible conditions
Puppies are often housed in terrible conditions

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