CPS halts RSPCA prosecution.

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CPS halts RSPCA prosecution.

Post  Admin on Tue Mar 25, 2014 12:58 pm

The Crown Prosecution Service has barred the RSPCA from prosecuting a woman for cruelty after she refused to have one of her pet cats put down.

In a test case of the charity’s vigorous prosecution policy the state ruled that there was insufficient evidence to pursue Julie Nadian on three counts under the Animal Welfare Act.

A fourth allegation, that she failed to provide a suitable environment for her pets, can proceed, the CPS decided.

Ms Nadian, 48, had her cats Ziggy, Tuppence and William seized from her home in Hull by the RSPCA in a two-day operation using police reinforcements 10 months ago.

The CPS refused her request to examine the case against her until The Times pointed out that this breached a pledge to Parliament by Dominic Grieve, QC, the Attorney-General, that RSPCA prosecutions were open to review. The charity’s prosection policy was already being scrutinised independently by Stephen Wooler, a former CPS chief inspector, at the request of the charity.

The RSPCA prosecuted Ms Nadian, a folk singer, after the People’s Dispensary for Sick Animals advised her that Ziggy should be put down. Veterinary notes state that the cat was blind and circling, and recommended putting it to sleep.

Ms Nadian declined and was warned that if she failed to bring the cat back she would be reported to the RSPCA due to concerns for its welfare.

The charity sent an inspector to Ms Nadian’s home and seized all three cats, which have been in RSPCA care since.

Asked if her cats were suffering, Ms Nadian told the RSPCA: “Because they are old and sick they are suffering a bit, yes, but not enough to put them to sleep.”

The RSPCA summonsed her to appear before magistrates, accused of failing to follow advice, prevent suffering and seek veterinary care, allegations she denied. Her case was due to be heard next month.

The CPS blocked the prosecutions because of insufficient evidence: a potential blow for the RSPCA, which insists it follows the Code for Crown Prosecutors by gathering sufficient evidence before bringing a case to court.The charity’s prosecutions have soared from 2,441 cases in 2010 to 4,168 in 2012.

The CPS may now be flooded with requests to examine RSPCA prosecutions. Paul Watson, Ms Nadian’s solicitor, said he feared that some people admitted RSPCA allegations because they were overwhelmed by the court process.

“Experience shows that there are a remarkable number of well-intentioned people with no previous convictions who generally seem to be poor, in ill health or even have some form of mental illness, who end up being prosecuted,” he said.

Simon Hart, a Tory MP, said: “The RSPCA claim to follow the CPS guidelines but in this case they haven’t. That’s a pretty significant outcome.”

Jonathan Rich, a barrister who has defended hundreds of people in RSPCA cases, said: “I’m pleased a senior Crown prosecutor had the courage to review, and reverse, one of the RSPCA’s perverse decisions — but if Julie Nadian had not been properly defended, a serious miscarriage of justice might have occurred.”

The RSPCA said it was carefully considering a letter from the CPS concerning Ms Nadian’s case.
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Re: CPS halts RSPCA prosecution.

Post  Admin on Tue Mar 25, 2014 1:24 pm

I have just spoken to Julie on fb.
Her solicitor has been contacted by the RSPCA`s solicitor to inform them that the RSPCA are considering challenging the CPS`s involvement in the high court.
More money to burn.  Twisted Evil
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CPS Halts RSPCA Prosecution

Post  Trilby Bee on Tue Mar 25, 2014 8:58 pm

This may sound cynical, but it's true: if Julie had taken that same cat to a PRIVATE VET and not to a charity (PDSA) the chances are they (private vet) would not have suggested putting it to sleep. Why not? Because a private vet would stand to make a good few quid treating the cat keeping it alive for however long it appeared to be reasonably happy and pain-free. Like a dentist continuing to fill a tooth...once it's taken out he can't charge any more for it.
Well, I do hope the owner was one of the people who assisted Stephen Wooler in his review. A two-day operation to take three cats...(sighs), and why all three? And ten months of ( RSPCA) costs for keeping the cats? Considering that an independent review is currently being carried out by a former CPS Chief Inspector, I'd have thought they might like to keep their noses clean.
You are right, Admin, money to burn...so what, it's not money that they have worked for. I cannot wait for the results of the review...only thing I think is that having to give names/details would put a lot of people off helping Stephen Wooler; especially those whose cases are still ongoing.
Any chance this lady might like to join the forum? Wink
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Re: CPS halts RSPCA prosecution.

Post  Admin on Tue Mar 25, 2014 9:50 pm

I will speak to Julie again and I`ll ask her.
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CPS Halts RSPCA Prosecution

Post  Trilby Bee on Wed Mar 26, 2014 10:02 am

SO...PDSA decided 10 months ago that one of the cats should be euthanised. RSPCA gets the cat (and two others) after a 'two-day operation'. Wonder what that two-day operation cost? After ten months the cat is still alive and being kept, no doubt at the Grosvenor House Hotel at massive RSPCA expense, for what reason? The only reason these three cats are still alive is because they were potential exhibits in one of their 'vigorous prosecutions'. I know this for a fact as my mare became an 'exhibit' and was given the 'inspector's' initials. So if the 'inspector's'  name is David Dimwit, for example, the three cats would become DD1, DD2 and DD3 for identification purposes.
One of the points I made to Stephen Wooler was that in fact the animal involved simply became a pawn...an object and no longer a sentient creature. No-one seemed to give a toss what became of the  animals, except of course, the owners.
Had these three old cats been strays or left behind when someone left the country, they'd have been pts 10 months ago. They were kept alive simply to be used as evidence against the person who no doubt had loved and cared for them for many years (and still no doubt does). Had the CPS not halted the case against her, they would no doubt have been murdered  by now. Wonder if they will be returned or what? If they still have a s9 against her, she's not entirely out of the woods. All they had against me was one s9 but my mare was sent to World Horse ''Welfare'' and butchered.
I wish her well.
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Re: CPS halts RSPCA prosecution.

Post  misty02 on Thu Mar 27, 2014 10:42 pm

So, the owner refused to pts the cat when advised to so is being prosecuted, yet this cat is still alive 10 months after going into the 'care' of the r$pca  Evil or Very Mad  So either the pdsa vet was wrong, then there is no case to answer or that mob are causing further suffering to the poor animal in which case surely they should also be prosecuted? You couldn't make it up

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CPS Halts RSPCA Prosecution

Post  Trilby Bee on Fri Mar 28, 2014 9:18 am

Exactly the point I made, misty, in addition to the distress being caused by the country's ''leading animal welfare charity'' (GUFFAWS), think of the bill they are running up!! Three cats X ten months at the Dorchester won't be cheap. Plus all the unnecessary medical tests!! I'd have thought in view of the fact they are currently being reviewed by SW FORMERLY cps) they would make some effort to be seen to be caring. BUT THEY NEVER LEARN.
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I tried the CPS too

Post  millie1* on Fri Mar 28, 2014 11:09 am

My solicitor also tried CPS route and was denied - perhaps he should reexamine in the light of this!
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Re: CPS halts RSPCA prosecution.

Post  Candcane on Fri Mar 28, 2014 12:32 pm

Absolutely Millie1!!!

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Cats Back With Owner

Post  Trilby Bee on Tue Apr 08, 2014 1:39 pm

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Yes, I realise that this is from the Daily Getsmuchworse but it's great to see this lady with one of her cats...

What also took my attention in fact  was the bit about Stephen Wooler...it will be interesting to see the results of that review.
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Re: CPS halts RSPCA prosecution.

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