The poisoned hedgehogs that cost the taxpayer £50,000 - News - Evening Standard
       

The poisoned hedgehogs that cost the taxpayer £50,000

A three-year legal battle over the deaths of two hedgehogs has finally ended, leaving taxpayers with a bill of at least £50,000.

A judge angrily criticised the Department for Environment, Food and Rural Affairs as he threw out a prosecution against a council and its pest controller.

Defra insisted the animals were poisoned by carelessly-laid rat poison, although one of its experts admitted in court there was no conclusive evidence.

The RSPCA, the Health and Safety Executive and the police all refused to take action but Defra relentlessly pursued the case against Great Yarmouth Council and pest controller Robert Whiley.

Both sides spent thousands of pounds of public money.

But after a four-day trial District Judge Philip Browning dismissed the charges and attacked Defra for an 'inept and inefficient' investigation.

He said the matter could have been handled with a caution.

The judge also criticised the failure to interview Mr Whiley - who had 30 years experience in the job - until 18 months after the hedgehogs were found by a neighbour.

He cleared the 63-year-old pest controller of failing to safeguard humans and animals from the poison and having insufficient training, declaring: "I'm satisfied he would not have taken any risks."

Great Yarmouth Council was cleared of three charges relating to Mr Whiley's training and allowing him to use poison without properly protecting the public and wildlife.

The hedgehogs were said to have died after eating poison Mr Whiley placed at 97-year-old Ellen King's house when it became overtherun with rats in August 2004.

Prosecutor Tom Payne told Great Yarmouth magistrates court: "This pesticide was deployed in a truly negligent and reckless way. It wasn't protected or put in the proper place.

"Leaflets were not left. Proper information was not ever given to frail, elderly woman or to her neighbour who cares for her."

He added: "The poison represented a risk to the wildlife in the garden and to her pets.

"It would have been very easy to imagine the circumstances where a dog or child could have come into contact with it."

Neighbour Pauline Baker told the court she had seen Mr Whiley throwing bags of poison in to Miss King's garden and later found one in the pensioner's bathroom.

Dr Edward Blane, a wildlife adviser to Defra, said eight of the ten areas where poison had been left could be accessed by other animals and humans.

But he admitted under crossexamination that there was nothing in the law to say how enclosed areas should be prepared. He also revealed that there was no conclusive evidence the hedgehogs had been killed by the poison.

Giving evidence, Mr Whiley denied doing a 'sloppy job' or lacking training.

"I've been on more courses than Lester Piggott," he told the judge.

After he was cleared, Mr Whiley said: "It's been a terrible time for me and my family. Defra should have discussed it. They could have come to the site and saved a lot of money and worry."

Both Conservative and Labour councillors on the Tory-run council described the case as a 'ridiculous' waste of money.

Blair Gibbs, of the Taxpayers' Alliance, said: "No hedgehog should die in vain but this is a bad joke. What do these Defra officials think they are doing with our money?"

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