Farmers lose court bid to halt TB slaughtering

Apr 17 2008 by Sam Wood, The Journal

A GROUP of farmers yesterday lost their High Court battle to stop the ‘potentially disastrous’ slaughter of dairy cattle that tested positive for Bovine TB.

Somerset-based Higher Burrow Organic Farming Partnership, which operates near Martock in Somerset, launched an application for judicial review to save scores of animals worth tens of thousands of pounds that tested positive for the disease. Many other farmers around the country were awaiting the outcome of the case.

The partnership, which provides milk to supermarkets, demanded re-tests after contradictory results emerged from the simultaneous use of the skin and gamma interferon (gIFN) examinations by the Department for Environment, Food and Rural Affairs (Defra).

Hugh Mercer QC, appearing for Higher Burrow, told a judge sitting at London’s High Court that the results of the skin test and blood test showed ‘a massive disparity’.

A total of 14 animals tested positive to the skin test and 86 positive on the blood test, he told Mr Justice Mitting in a hearing expected to last one day.

The reaction of Defra’s vet, Alan Shuttleworth, was to propose that the animals were re-tested on the grounds that the results were ‘unexpected’ and ‘not in line with expectations’, said Mr Mercer.

But the proposal was rejected on the grounds that Defra should hold the current policy line ‘that all gIFN reactors must be slaughtered’. Higher Burrow wanted the court to order the re-testing of the animals which had only tested positive to the blood test, and not to the skin test.

Mr Mercer said those which tested positive on the skin test had already been slaughtered.

Emphasising the importance of the accuracy of testing procedures, Mr Mercer said organic farmers were facing big losses because of the impact of TB on organic dairy herds and the compulsory culling of infected high value animals.

He said: “TB is wreaking havoc on the organic dairy herds of the UK.”

But Mr Justice Mitting, sitting at London’s High Court, ruled Defra’s current policy on TB testing lawful and rejected the application for judicial review. Referring to the fact that some 94 cattle now face slaughter, he said: “The policy is lawful. The outcome – unhappy and potentially disastrous though it may be – flows from it.”

Farm boss Chris Aplin said after the ruling that he would consider seeking permission to take the case to the Court of Appeal, even though he was refused permission by Mr Justice Mitting. Applicants can directly ask the appeal judges to consider their arguments.

Mr Aplin said: “I think it is totally unreasonable that re-testing should not be considered in these exceptional circumstances.

“The re-testing could have been done before the end of January and this dispute could have been put to bed and that would have been the end of it. This decision will cost us hundreds of thousands of pounds.”

The costs include a £29,000 contribution to Defra’s legal costs.