FARMER SENDING DAIRY CALVES TO SLAUGHTER CONVICTED OF EAR TAG SWAPPING AND ANIMAL WELFARE OFFENCES

Shropshire (April 27 2023) - The shocking treatment of unwanted dairy calves hit, kicked and pushed down trailer ramps, which hit the headlines in 2021 [e.g. 1 – 6], has resulted in the farmer, who has already been to prison for submitting ineligible calves to the now-defunct ‘Calf Processing Scheme’ [7], being found guilty of offences under the Animal Welfare Act 2006 [8] and The Cattle Identification Regulations 2007 [9] on Monday at Telford Magistrates Court, Shropshire [10].

58 year old Mr Derek Arthur Whittle of Oaklands Livestock Centre [11] in near Prees in Shropshire, attended court with his solicitor, Adrian Roberts, pleaded guilty to five out of six charges against him, and received a five year disqualification order from keeping bovine animals.

VIDEO OF THE INVESTIGATION: vimeo.com/533067684
IMAGES: https://flic.kr/s/aHsmVas6eU
TAG SWAPPING FOOTAGE: vimeo.com/538667932

Oaklands Livestock ceased trading according to the Mail Online [1] following a five-month undercover investigation by animal rights organisation, Animal Justice Project [12] which placed cameras in the farm and at Chester abattoir, G. & G.B. Hewitt to film the trading and killing of dairy calves between November 2020 and March 2021 [13].

The RSPCA called footage of animals being abused "very distressing" [14]. The difficult-to-watch footage showed young calves of a few days old being thrown down trailer and truck ramps, lifted by their tails, kicked, kneed, punched, hit with sticks, dragged by their ears, slapped, pushed, and having gates rammed onto their legs.

Footage also showed a calf being ‘hurled across a pen and kicked in the head’.

Whittall, Animal Justice Project reported, collected calves up from dairy farms and markets in the North East of England, taking them back to Oaklands livestock Centre before sending them to the slaughterhouse. Muller Milk - which was caught on camera handing calves over to Whittall, subsequently dropped the farm, according to the Mail [1].

At the time of the investigation, around 60,000 calves – predominantly male (bull) calves were slaughtered in the UK as they are deemed of no use to the dairy industry [15]. However new rules by Red Tractor standards (applying to around 95% of milk produced in the UK [15]), forbidding the killing of bull calves by end of 2023 [16], has meant a drop to 39,363 calves killed in 2022 [17].

Edie Bowles, Solicitor for Advocates for Animals [16] said: "Following a hard-hitting undercover investigation by our client, Animal Justice Project, we are delighted that Shropshire Council pursued charges which resulted in a conviction, including a 5-year disqualification order from keeping bovine animals. A recent report The Animal Law Foundation revealed a systemic problem with violations of animal legal protections for farmed animals going unenforced. Shropshire Council's decision to pursue this case should therefore be celebrated and we hope that more local authorities will follow this example and do more to protect farmed animals in future."

Claire Palmer, Director of Animal Justice Project, who carried out the investigation said: “The seriousness of Derek’s crimes cannot be overestimated. Not just the removing and inserting of the ear tags in the ears of calves - at a time when farmers are grappling with a Tuberculosis (TB) crisis – but allowing the the abuse of calves on his holding. Our cameras showed vulnerable calves at Oaklands Livestock Centre, just a few days old, being treated like trash apparently because they were destined for the abattoir. This is indefensible and the sad, every-day, reality for so many farmed animals in this country. Consumers need to be aware so they can make informed food choices as, ultimately, the buck stops with them”.

Animal Justice Project is an animal protection NGO based in the UK with over 200,000 followers and an 8-year history of campaigning to end cruel animal farming practices. www.animaljusticeproject.com

NOTES TO EDITORS

- Telford Magistrates Court, contact details - T: +44 (0)1785 223 144. E: stenquiries@justice.gov.uk
- Trading Standards Shropshire, Hannah Williams, Health Protection Team, contact details - T: +44 (0)1743 251655 E: hannah.williams@shropshire.gov.uk
- The charges, brought about by Shropshire Council, were as follows (Telford Magistrates Court case number: 2300022259):

An 18 month Community Order with the following requirements;

1. Mr Whittall, who attended court, was to attend 10 RAR (Rehabilitation Activity Requirement) days in respect of his involvement and to assist in respect of his emotional health.

2.      Mr Whittall was to undertake 200 hours of unpaid work.

Whittall was also ordered to pay the prosecution costs of £11,855.34 within 12 months. The Court ordered that Mr Whittall be disqualified for a period of five years, from owning, keeping or participating in the keeping, from being party to an arrangement etc (as applicable to s.34 (2) (a) to (d) of Bovines

In detail, the charges against Whittall were as follows:

1. That on 10th November 2020 at Weston-Under-Redcastle in the County of Shropshire you did remove or replace the ear tags of 3 bovine calves without the permission of the competent authority Contrary to paragraph 4(1) of Schedule 1 of The Cattle Identification Regulations 2007 and by virtue of Article 4d of EC Council Regulation 1760/2000.

2. That on 10th November 2020 at Weston-Under-Redcastle in the County of Shropshire, being the person responsible for animals namely bovine calves you did permit or fail to take steps as were reasonable in all the circumstances to prevent another person identified as Josh Whittall from causing unnecessary suffering in that this person repeatedly kicked, aggressively pushed or threw animals down a ramp whilst they were being unloaded from a trailer Contrary to Section 4(2) of the Animal Welfare Act 2006.

3. That on 11th November 2020 at Weston-Under-Redcastle in the County of Shropshire you caused unnecessary suffering to a protected animal namely a bovine calf in that you kicked the calf whilst it was being unloaded from a trailer and you knew or ought reasonably to have known that this would cause or was likely to cause the animal unnecessary suffering Contrary to Section 4(1) of the Animal Welfare Act 2006.

4. That on 11th November 2020 at Weston-Under-Redcastle in the County of Shropshire, being the person responsible for animals namely bovine calves you did permit or fail to take steps as were reasonable in all the circumstances to prevent another person identified as Kevin Arden from causing unnecessary suffering to the calves in that this person repeatedly kicked, aggressively pushed or threw the calves down a ramp whilst they were being unloaded from a trailer Contrary to Section 4(2) of the Animal Welfare Act 2006.

5. That on 11th November 2020 at Weston-Under-Redcastle in the County of Shropshire, you did remove or replace the ear tags of at least 2 bovine calves without permission of the competent authority contrary to paragraph 4(1) of Schedule 1 of The Cattle Identification Regulations 2007 and by virtue of Article 4d of EC Council Regulation 1760/2000.

6. That on 11th November 2020 at Weston-Under-Redcastle in the County of Shropshire, you did remove or replace the ear tags of at least 4 bovine calves without permission of the competent authority contrary to paragraph 4(1) of Schedule 1 of The Cattle Identification Regulations 2007 and by virtue of Article 4d of EC Council Regulation 1760/2000.

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