Having ‘lack of puff ’ clears huntsman of failing to curb hounds
Appeal judge overturns fines for master of hunt whose pack of dogs fell upon and killed a fox
A HUNT master has had a conviction overturned after a court heard that he did not have enough “puff ” to restrain his dogs.
Mark Pearson, 63, leader of the South Dorset Hunt, was originally found to have “actively encouraged” a pack of dogs to hunt and kill a fox, and was fined £6,000, along with a victim surcharge of £190 and costs of £620.
However, he has now successfully appealed after the Countryside Alliance said bringing illegal hunting prosecutions based on evidence from hunt saboteurs was a waste of police time.
Last October, a court heard that when, during the course of a trail hunt, the hounds cornered a fox in gorse in Bere Regis, Dorset, Mr Pearson shouted “carry on” and “hunt on” at them.
During the incident in December 2021, which was filmed by hunt saboteurs, Mr Pearson is seen carrying the dead fox from where it had been cornered.
The Crown Prosecution Service took that as evidence he had encouraged the breach of the 2004 Hunting Act by illegally hunting a wild mammal with dogs.
But this week, Mr Pearson alleged he had not said those words and successfully appealed against his conviction.
Judge Stephen Climie told Bournemouth Crown Court that while Mr Pearson could have done more to stop the pack, the CPS had not proved that he intended for the dogs to kill the fox.
Patrick Gibbs KC, defending, said the court needed to be sure Mr Pearson made an “intentional decision” to hunt the animal and was not simply slow to respond to the dog’s aggression. He said that, having dismounted: “You can imagine a 20-something would get over the barbed wire quite a lot quicker than a 60-something ... if he had a bit more puff he could have blown the horn a little harder perhaps.”
Charlotte Stockdale, a witness, said Mr Pearson tried to call the hounds off once he realised the pack was “showing interest”. She said: “He was blowing on his horn – long repetitive notes.”
Olivia Mcgonigle, of the CPS, said as the master of the hunt, Mr Pearson was supposed to be in control. She said he “should have recognised the behaviour and stopped the hounds”.
Judge Climie said it was “of significant concern” that the CPS did not call an expert witness in the original trial. The court also heard that while the phrase “carry on” could be heard in the video, it was not possible to ascertain who had said it. The judge said: “The most crucial part is that passage [of video] where [Pearson] reaches the gorseland and draws his whip in an effort to move the hounds away.”
The Countryside Alliance said the ruling served as a “strong reminder” that the police and the CPS “should be extremely careful [in] pursuing prosecutions on the back of evidence that has been provided by anti-hunting extremists.”
Oliver Hughes of the British Hound Sports Association said: “We are delighted an innocent man has been cleared of these charges and that justice has been served. These circumstances... can put unnecessary pressure on individuals.”
‘The crucial part of the video is where Pearson reaches the gorseland and draws his whip in an effort to move the hounds’
‘The police and Crown Prosecution Service must be extremely careful of prosecuting on the back of evidence provided by anti-hunting extremists’