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Siân Darlington successfully secured the acquittal of her client Kirsten Fock earlier this month. Ms Fock had rescued a large number of Shetland ponies, donkeys, and other horses from European slaughterhouses overseas and brought them to the UK with the aim of providing them with a peaceful environment in which to live out their lives contentedly.
In October 2023, the RSPCA visited Ms Fock’s property unannounced, culminating in removing 24 of her animals. Acting as a private prosecutor, the RSPCA brought criminal charges against Ms Fock, alleging that she had committed offences under the Animal Welfare Act 2006. Following a two-week trial at Aldershot Magistrates court, Ms Fock was acquitted and thoroughly vindicated by DJ Pattinson, who described her as a “remarkable woman of the highest integrity”, an entirely truthful and reliable person devoted to her animals.
The judge was also heavily critical of the RSPCA, describing some prosecution witnesses as following a “hidden agenda” and being “somewhat too keen to pursue a prosecution”. He also showed unease about the RSPCA’s attendance at Ms Fock’s property and the removal of the animals. The RSPCA claimed that Ms Fock had consented to their examination of the animals and the removal of a number of them. The judge expressed his concern about the reliability of obtaining “consent” from someone so distressed and taken by surprise and for whom English was not her first language. Ms Fock has since had some of the animals returned to her. Unfortunately, others were euthanised whilst in the possession of the RSPCA, and a number have been rehomed. The fight for their return continues.
The case demonstrates the importance of ensuring that anyone who is the subject of an RSPCA enquiry seeks legal advice at the earliest possible stage and ideally before allowing the RSPCA onto their property or permitting them to examine any animals. It also shows the importance of mounting a proactive defence and challenging the evidence put forward by the RSPCA, particularly that purported to be expert evidence. The case also demonstrates the inherent dangers in private prosecutions with which those who have followed the Post Office Scandal will be all too familiar, particularly around a culture of securing a result at all costs and of understanding and complying with the duties and obligations around disclosure.
For further information see:
Tim Bonner: RSPCA must end its toxic prosecution habit
Judge cites RSPCA witnesses’ ‘hidden agenda’ after innocent owner’s horses put down – Horse & Hound
Siân can be contacted on [email protected].