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Judges hear 'sacred' bull appeal | Judges hear 'sacred' bull appeal |
(30 minutes later) | |
Three appeal court judges have begun hearing the case of Shambo the bullock who tested positive for tuberculosis (TB) at a Hindu temple in west Wales. | |
The assembly government is asking them to overturn the ruling of a high court judge that it acted unlawfully in ordering Shambo's slaughter. | The assembly government is asking them to overturn the ruling of a high court judge that it acted unlawfully in ordering Shambo's slaughter. |
Lawyers for the monks at the multi-faith Skanda Vale community said it infringed their human rights. | |
On Monday, a High Court judge quashed the slaughter decision. | On Monday, a High Court judge quashed the slaughter decision. |
His Honour Judge Gary Hickinbottom said it was unlawful and should be reconsidered. | His Honour Judge Gary Hickinbottom said it was unlawful and should be reconsidered. |
At the Court of Appeal sitting in Cardiff on Friday, the assembly government argued that his decision was wrong in law and that evidence had been misinterpreted. | |
He had ruled that the "surveillance and slaughter" policy adopted by the assembly was not a legitimate objective. | |
Shambo is housed in a temple in the grounds of Skanda Vale | Shambo is housed in a temple in the grounds of Skanda Vale |
But Jonathan Crow QC said the objective was to control bovine TB and that "surveillance and slaughter" was the accepted means to achieve it. | |
He said the judge had also been wrong in finding that the assembly government had not given enough weight to the right of the monks at Skanda Vale near Llanpumsaint, Carmarthenshire, to practise their religion. | |
He said the decision had been taken on the basis that slaughtering Shambo was a grave interference with that right but was still essential on health grounds. | |
The three court of appeal judges said they will reserve their decision. | |
On Monday, His Honour Judge Gary Hickinbottom had said that his judgement did not guarantee that, as the community wished, Shambo would live until he dies a natural death. | |
'Wrong approach' | |
He said: "This judgement merely rules that the decisions of 3 May and 3 July to issue the slaughter notice and to pursue the slaughter under that notice were unlawful and will be quashed." | |
The assembly government, he added, "have adopted the wrong approach in this case" and would now have to reconsider the matter. | |
"They will be obliged to reconsider the public health objectives that underlie behind the surveillance and slaughter policy, and come to a view as to whether, in the reasonable pursuit of those objectives, the slaughter of this animal (or some less intrusive measure) would be proportional given the serious infringement of the community's rights under Article Nine that slaughter would involve." | |
Speaking outside the court on Monday, Brother Alex, a monk at Skanda Vale, said: "The judge has vindicated what has been our position all along, that there are viable alternatives to slaughtering an animal." | |
Last year, 5,220 cattle in Wales alone were culled because they failed the TB test, and the Farmers' Union of Wales (FUW) said the decision to quash the slaughter order could set back disease control. | |
Online and written petitions have attracted more than 21,000 names, and a video stream has also been broadcast live from Shambo's pen in the Skanda Vale temple. |