LEGAL ADVICE

From: JOHN GOURIET psc FRGS Chairman 8 April 2001

FOR ALL STOCK FARMERS
THREATENED BY MAFF

1.	'3. - (2) (MAFF) Ministers may authorise in writing any veterinary inspector or other officer of the Ministry (provided he or she has proof of being properly qualified*) to inspect animals. 

(3) A person so authorised may, for the purpose of any inspection to be carried out by him 

(a)Ê at all reasonable times, (after 6 p.m. or before 8 a.m. could be considered unreasonable*)

(b) upon production of his authority, on demand (by the farmer or owner*) Enter on any land or premises, apply such tests and take such samples as he considers necessary.'

2. 'Schedule 

3 - Power to slaughter in relation to certain diseases Foot and Mouth (FMD)

32. - (1) The Minister may, if he thinks fit, in any case cause to be slaughtered
any animal which –

(a)	is affected or suspected of being affected with any disease to which this section applies; or 

(b)	has been exposed to the infection of any such disease (includes FMD).' ('suspicion' must be founded on sufficient evidence, proof of infection or degree of probability to warrant slaughter. 'exposed' is far too broad a definition and could include all livestock throughout the British Isles as the virus may be wind borne. Inspectors must act reasonably*) *My italics 

'63. - (2) An inspector may at any time enter any land or shed to which this Act applies, or other building or place where he has reasonable grounds for supposing – 
(a)	that disease exists or has within 56 days existed;' Reference; Animal Health Act 1981 3. In our view MAFF representatives may therefore only enter to test animals and deal with confirmed cases of infection. They may not legally enter private premises for the purpose of destroying healthy stock, without./permission, and farmers may refuse entry, using whatever reasonable means necessary to defend their property and their persons from assault and theft (for that is what it is), pending application to the Court for injunctive relief.

4. Suggested Steps to Prevent Slaughter of Healthy Stock; a. Brief robust local solicitor to be ready to seek immediate injunction (Outline case to follow) b. On arrival of any official(s), politely demand production of all MAFF representatives' authority and qualifications in writing; and verifiable certification that all such persons have not been in contact with any animals anywhere during the previous 72 hours. 

c. Insist on comprehensive 'Risk Assessment' for animals in question. This must cover all factors eg; distance from nearest case, time elapsed since, tests, wind direction, habitat, location, exposure to vehicle and human movement, animal resistance levels, rarity, isolation capacity. 

d. Insist that all MAFF officials wear clean full protective clothing and boots, masks, and disinfect themselves fully in the presence of the farmer/owner. 

e. Insist on independent veterinary inspection if there is any doubt, or suspicion of symptoms. 

f. If threatened by MAFF demand that their threats are confirmed in writing. 

g. Record all contact/discussions with MAFF, preferably with tape-recorder, and accompanied by friend(s) to provide eye-witness evidence. Refuse entry if the time is unreasonable. 

h. Be prepared to challenge MAFF authority and demands to slaughter, insisting on reasons in writing if animals healthy. 

BUT remember it is an offence to conceal or treat symptoms of FMD, or resist cull of FMD stock . 

It is not an offence to take precautions to prevent FMD. 

provided by: 
Freedom in Action 
'Men have sometimes been led by degrees, sometimes hurried into things, of which, if they could have seen the whole together, they would never have permitted the most remote approach. The people never give up their liberties except under some delusion.' - Edmund Burke c. 1790

32 Addison Grove, 
London,
W4 1ER; 
GREAT BRITAIN
Tel: 07831 342 909 
or 
01984 656256 
(T/F); Fax: 0208 994 171 
Hon. President: 	Earl of Kimberley 
Chairman: 		J.P. Gouriet 
Hon. Treasurer: 	C.J.K. Arkell MA FTCA

SUGGESTIONS

If your animals are not infected, but under threat of slaughter, the following are suggestions for grounds on which you may argue your case. 

Please note that this is offered as a suggestion, it does not constitute legal advice and as each case is supposed to be judged on its individual merits you are urged to consider consulting a solicitor. 

Grounds for appealing against a decision to slaughter healthy animals are very slight to say the least and we do not wish to raise peoples hopes. However, we understand that MAFF have given veterinary experts, in affected areas, "a discretion as to how to apply that policy [slaughter] at a local level, taking a number of factors into account; for example:
the risk of airborne infection, 
the location of infected areas, 
the movement of animals and humans 
and whether animals have been contiguous to infected areas."

Should anyone wish to appeal here is a suggestion of the kind of things an appeal letter might cover:

We, at .................. Farm have received notification from you that you are considering the slaughter of our livestock [which breeds?]. We also understand that the tests on the livestock at ..................Farm were carried out on [date], but as yet no confirmation of infection has been given. This delay may indicate that infection is not present and may not be confirmed. I do not feel MAFF has the right to slaughter my animals which do not display clinical symptoms and have not been positively tested for FMD. Given our specific circumstances at ...................Farm, I ask you to consider the following relevant circumstances in deciding whether or not to exercise your discretion not to slaughter: Until you have received confirmation that an infection has occurred at ..................Farm there are no reasonable grounds for determining that our clients' livestock have been in contact with infected animals. My livestock are housed within buildings and enclosed yards and have been throughout the relevant period. The risk of infection is therefore extremely low and does not justify a precautionary cull. My livestock have at no time been in close proximity to the livestock on .................. Farm. The closest they have been is ................... There have been no animal movements on or off our clients' holding for at least .................. weeks. There have been no other events within a period of ..................days that our clients are aware of that could have enhanced the risk of infection. My livestock have significant value over and above their pure current market value in that they are [hefted flock/pedigree milking herd/pedigree bull (especially for semen production) have organic status.] As a result, the slaughter of my livestock will result in significant further financial loss. Or: My livestock are not kept for agricultural purposes. Neither they nor their offspring will be used for agricultural purposes. 

PLEASE NOTE
THAT THIS IS OFFERED AS A SUGGESTION. IT DOES NOT CONSTITUTE LEGAL ADVICE AND AS EACH CASE IS SUPPOSED TO BE JUDGED ON ITS INDIVIDUAL MERITS YOU ARE URGED TO CONSIDER CONSULTING A SOLICITOR.
Quick Survey Results: 
Should we vaccinate? 	YES 93% 	NO 7%
---------------------------------------

The wording of this document was drawn up by John Gouriet
& is also available on:
www.sheepdrove.com/statement.htm

This is England, not Nazi Germany in the 1940's.

In Extremis:
The COMMENTS which follow:

are a line of approach which can and has been used with some success, they are by no means foolproof nor are they in any way legal advice.

However when you have nothing left to loose and the lives of your animals and your very way of life are threatened they may well provide that last lifeline.

If you have need to read beyond here may I personally, on behalf of the countless number of peoples who support you, wish you good luck.

THIS IS NOT a formula it is more of a pick and mix line to take – use the arguments/points which YOU feel comfortable with and then be as totally positive and coherent as you possibly can be.

Photograph officials wherever and whenever possible – they have NO authority to prevent you on YOUR land.

Record all conversations (Hand held recorder about £25.00)

Copy details from id cards and if they have no photo on them ask for two domestic utility bills addressed to them.

Have them confirm and sign you have the details right once you have written them down.

Insist that any form is NOT valid unless signed by an identifiable signator.

Insist they provide certification that they have NOT been on a F&M infected farm in the preceding 5 days as per Government regulations of the last week of February. Be prepared to back slide on this to 48 hours as the F&M virus is known to exist/survive in human lungs for around 36 hours.

Query how they KNOW they have not been on infected land as they are not testing on all farms!

Ask for their written authority to cross a quarantine line onto your farm.

STILL FAILING?

Issue a Formal Caution

“Please be advised by way of caution that:

Firstly ignorance of the law is no defence.

Secondly that you are personally responsible for your actions.

Thirdly that it is no defence under law that you were carrying out instructions or orders – if that order or instruction is an illegal act you are personally responsible for your actions.

This has been incontrovertibly established in International Jurisprudence in The International Courts at Nurenberg in 1946/7.

Also Please Be Aware:

British Law is subservient
to the Laws of the EU.

QUOTE:
Ms. Eleanor Sharpston QC acting for & on behalf of The Government in the Courts at Sunderland in February 2001 led that ‘In the light of The European Communities Act 1972 the laws of the EU take precedent over British Law’.

PRECEDENT:
District Judge [MC] Bruce Morgan held that ‘European Union Law took precedent over that of Britain’ further he judged that ‘Britain having joined the EU then the EU’s laws under the European Communities Act 1972 takes precedent over British Law although seemingly legally constituted whether before or after the date of the Act.’

CASE:
Sunderland Council vs. Thoburn – date of judgement 9th. April 2001.

PLEASE BE ADVISED:
That A European Union Court has already ruled that it is ILLEGAL to slaughter animals without proof positive that they are F&M Positive.

PLEASE BE WARNED:
That in that you ma y well, therefore, be found to have committed a crime personally in carrying out an illegal Order or Instruction you may well be found to be personally responsible.

THEREFORE:
PLEASE BE WARNED:
I have shown that EU Law is superior to British Law. Thus you may well be found under EU Law to be personally liable jointly and severally for any and all damages and consequential costs and claims which may be awarded as a consequence of your actions.

THUS:
PLEASE BE ADVISED:
That your home and any other personal assets which you own may be seized and disposed of to defray any such damages, costs or awards which may be made by the Courts in my favour.

Greg Lance – Watkins
Greg@GlanceBack.Demon.co.UK

PLEASE NOTE
THAT FOR LEGAL REASONS.
THAT THIS IS OFFERED AS A SUGGESTION.
IT DOES NOT CONSTITUTE LEGAL ADVICE.
EACH CASE IS SUPPOSED TO BE JUDGED 
ON ITS INDIVIDUAL MERITS.
YOU ARE URGED TO CONSIDER CONSULTING A SOLICITOR.

Neither the authors nor SilentMajority nor anyone associated make any claim that this is LEGAL ADVICE.

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