Cattle farmer cleared in ‘red tape lunacy’ case

A Welsh farmer has been cleared of failing to provide cattle with dry bedding in a case his solicitor branded “bureaucratic lunacy”.

John Davies, 41, a fourth-generation farmer in Vale of Conwy, found himself in court after trading standards carried out a visit to his farm after an anonymous call.

After carrying out a visual check, rather than a properly examination, officers prosecuted Mr Davies saying he had failed to keep cattle on a lying area with well-maintained dry bedding that was well drained.

During the hearing at Llandudno Magistrates’ Court, trading standards accused the farmer of failing to provide cattle with “fresh, golden-coloured straw”.

But, Mr Davies’ solicitor, David Kirwan, made the case the farmer would have to be with his animals every minute of the day to ensure “fresh, golden-coloured straw”.

Mr Kirwan argued an element of proportionality and reasonableness had been inferred when the legislation had been drafted.

The court accepted Mr Kirwan’s submission and criticised trading standards for not going beyond the visual checking of the bedding.

Phil Rafferty, head of regulatory service at Conwy County Council said: “Albeit that we accept the court’s decision, given the available evidence, we consider that legal proceedings were justified and that our action was proportionate and appropriate in the circumstances.”

The Court ordered that Mr Davies’ defence costs should be paid by the council.