Charges dropped against saboteurs after prosecution blunder
Charges that sabs were disrupting a legal activity were dropped, but one count of assault was upheld
CHARGES of disrupting hunts were dropped against two saboteurs – although one was convicted of assault – after the prosecution tried to amend the charge during the trial.
Daniel Poustie, 52, whose address was given as an animal sanctuary in Bexhill, and Anthony Robinson, 25, of no fixed abode, had both pleaded not guilty to “obstruct/disrupt person engaged in a lawful activity”, in relation to the Old Surrey, Burstow and West Kent Hunt on 5 November 2019.
On 28 April, Margate Magistrates’ Court heard from witnesses including two police officers, who said after the pair were arrested, various items were found on them. Mr Poustie was alleged to have had a spray can, a hunting horn and a “bullwhip”.
The court heard the spray was scent-based, designed to mask the scent of a bitch on heat, which could be used to “deter, distract or disorientate other dogs”. The officer said the whip could be used to control hounds, so could be used for this by the defendant, and the horn to “disorientate hounds away from any trail being laid”.
Mr Robinson had a spray he
said was essential oils and water.
The hunt’s amateur whipperin Benjamin Giddings told the court there had been some six to 10 saboteurs out that day. He said sabs are “always quite abusive”.
“They always try to get between us and hounds,” he said. “They accuse us of breaking the law, and they play hound music, using gizmos, for them to take control of the hounds away from us, and use hunting horns.”
Mr Giddings said the sabs had been imitating hounds in this way that day, but not on the land named in the charge; when the assault occurred the hunt had just moved on to that land and was not yet following the new trail.
The prosecution asked for the charge to be amended to include adjoining land, as it related to a specific farm on which the sabs had not been witnessed using any items to disrupt the hunt.
But the defence lawyer objected, saying the team could not have been expected to accept this amendment, and the judge – who said, “The prosecution’s got itself in a bit of a mess” – did not allow the change, as it was at too late a stage and all the evidence concerned the particular farm.
The charge was dropped for both men, but Mr Robinson was convicted of assault.
The court saw a video showing farmer Anthony Dodd, who was trying to stop Mr Poustie advancing on his land, pushed by Mr Robinson and falling. Mr Dodd got up and approached sab Rebecca Hobbs, and was pushed down again by Mr Robinson.
Mr Robinson told the court he approached the men as he said Mr Dodd had his hands “round Daniel’s throat”, and he was concerned for his friend’s safety.
“I grabbed Mr Dodd’s arm and pushed it away from Daniel,” he said. “He dropped to the ground; I felt it was a bit of a jump. I didn’t push him that hard, and felt him move back with extra force that wasn’t in my hands.”
Mr Robinson said a “bit of a commotion” ensued, and alleged that Mr Dodds put his hands on Ms Hobbs in a similar way.
“I did the same thing; pushed his arm off her because I feared for her safety,” he said, adding that he felt he had used less force this time, but that Mr Dodd’s reaction was “more exaggerated”.
DISINGENUOUS
MS HOBBS, who said she was not aware she was trespassing despite repeated requests for the sabs to leave, alleged that Mr Dodd was “being aggressive”, and “had [Mr Poustie] by the throat”, which Mr Dodd denied. She told the court Mr Dodd “jumped”, and she felt “the whole thing was staged”, although the prosecutor queried how close she had been.
The judge pointed out that Mr Dodd had the right to be there, and to use reasonable force to remove trespassers, “which you were”. He said he saw Mr Dodd “raising his arm with his hand out”, but “certainly not grabbing someone round the throat”.
The judge said the first fall was not assault, but the second was, adding: “I feel [Ms Hobbs] was being disingenuous and wouldn’t accept what happened”, and that it was “an aggressive act”.
Mr Robinson, who had been dismissed from a supermarket job having suffered “mental health problems”, was fined £180 and ordered to pay costs.
“The prosecution’s got itself
in a bit of a mess”
MARGATE MAGISTRATES’ COURT JUDGE