The trial of Bobby Waugh continued on Monday 27th May at
Bedlington Magistrates Court, Northumberland.
Charge Six dropped
the conclusion of proceedings charges relating to animal movement records was
withdrawn by the prosecution.
Mr David Hall gave evidence on
behalf of the Defence. Mr Hall was formerly employed by the Waugh brothers for a
period of ten years prior to the discovery of FMD at Burnside Farm.
Jeremy Stuart-Smith (JSS) asked Mr Hall to explain his daily work-routine and Mr
Hall informed the court that he checked, fed and watered the breeding sows in
Shed 3 upon arrival. He then proceeded to collect unprocessed swill from schools
in Washington, Sunderland and Newcastle.
Mr Hall explained that upon his
return, he delivered the unprocessed swill to Heddon View Farm and would collect
any unprocessed swill that had been left on the concrete apron at Burnside Farm
by Mr Clement. Mr Hall said that if his vehicle was full to capacity, he would
drive past Burnside Farm to Heddon View, then return to Burnside Farm and
collect the barrels, before proceeding back to Heddon View.
questioned Mr Hall as to the cooking and boiling facilities. Mr Hall explained
that the barrels were poured or augured into the tanks and he removed cutlery
and crockery but some items would still get into the tank. Mr Hall stated that
when the cooked-swill was bailed out by bucket, pieces of cutlery remained in
the swill and would subsequently be poured into the troughs at
Mr Hall confirmed that the swill-feeding pipeline had frozen
during November 2000. However, when the pipeline was operating under normal
weather conditions, cutlery and crockery would be unable to pass through the
pipeline system. Mr Hall stated that neither he, nor Mr Waugh, had ever fed
unprocessed swill prior to Friday 23rd February. Mr Hall said he had only fed
unprocessed swill on 23rd February after MAFF vet Jim Dring had given
Mr Hall informed the court that on that particular day,
the feeding of unprocessed swill had taken three times longer to undertake, as
Mr Hall had to shovel the swill into the troughs rather than using a
At 10.58am, Mr Paddy Cosgrove cross-examined Mr Hall's evidence
for the prosecution.
Mr Hall explained that it was easier to bail
processed-swill out of the cooking-tanks at Heddon View and that cutlery from
schools was often contained within the swill. The hose-pipe system was
problematic to use and swill spilled-out over the barrels. Mr Hall said that he
visited Heddon View on four or five occasions every week as well as attending on
At 12.02pm, Dr Bill Smith gave evidence to the
Dr Smith and Professor Penny wrote a co-joint report giving their
professional opinion on matters relating to veterinarian and welfare
JSS asked Dr Smith to explain the results of various trails and
post-mortems carried out on pigs. Dr Smith stated that 15% of all female pigs
suffered from a condition know as Osteochondrosis. The condition was
quadrilateral (one-joint-all joints) resulting in pigs being very stiff (the
condition being similar to arthritis) Dr Smith explained that pigs walked with a
peculiar gait when suffering from this condition, resulting in pigs having a
On the subject of lesions, Dr Smith explained that in
one particular trial involving 10,000 pigs from 71 farms, no fewer than 14 types
of different lesions had been identified, of which 2 particular lesions mimicked
lesions in FMD. According to Dr Smith, Excessory Digit Lesions (EDL) resembled a
healing FMD lesion and 25.6% of the pigs within the trial had suffered
from this bilateral condition. EDL lesions were found at a rate of 1.25 lesions
per pig and 21.1% of pigs had more than one lesion.
Dr Smith explained
that 4 of the 71 farms within the trial had similar conditions as Burnside Farm
(concrete pens as opposed to slats and straw yards) and the abrasive concrete
floors produced "traumatic" lesions. The results obtained from these four farms
demonstrated that 95.4% of all pigs suffered from lesions.
JSS asked the
relevance to conditions at Burnside Farm and Dr Smith replied that a) clinical
signs and posture could mimic FMD b) many pig lesions on or above the coronary
band would be present. Lesions of the snout and teat would be present and snout
lesions would be due to trauma.
Mr Smith explained that farmers often
checked pigs at feeding time and as long as the pigs were eating and came
forward to the trough on these occasions, farmers would assume the animals to be
in good health.
At 2.03pm, Mr Cosgrove cross-examined Dr Smith's evidence
on behalf of the prosecution. Mr Cosgrove acknowledge Dr Smith's depth of
knowledge and expertise. Mr Cosgrove asked whether any farmer that had seen SVD
lesions during the 1970s would have been able to identify FMD lesions in 2001,
especially in light of a MAFF publication on FMD being distributed during
Mr Smith stated that farmers quickly forget about leaflets. He also
stated that during the 70s, farmers had been alerted to, and were therefore on
the lookout on a daily-basis to the possibility of SVD being
At 2.24, the final witness, Mr Robert Whitelock was called
by the Defence.
Mr Whitelock stated he was head-auctioneer for Hexham and
Northern Marts and had previously held similar position at Tyneside
JSS asked Mr Whitelock to explain the events of Friday 23rd
Mr Whitelock stated that on hearing of the possibility of
FMD being present at nearby Burnside Farm, had taken the precaution to telephone
the Carlisle division of MAFF that Friday morning. He explained that Hexham Mart
had a scheduled cattle sale planned for that day and requested clarification to
proceed with the auction.
Mr Whitelock said, "I phoned MAFF on Friday -
and was given the 'green-light' to go ahead." However, Mr Whitelock said
that he later took the decision upon himself to cancel the sale.
Whitelock had been instructed by MAFF later that day to act as valuer to Mr
Waugh and arrived at Burnside Farm at 2.30pm. Mr Whitelock stated the pigs at
Burnside Farm were in "good condition" (body-condition) and healthy. He said the
vast majority of the pigs "were in good condition and ready for
JSS asked how Mr Whitelock carried-out the valuation and Mr
Whitelock replied that he had to mark the pigs with a "cross" in order to
provide an accurate count. Asked as for any particular reason, Mr Whitelock
replied the pigs were moving round the pens and had to be marked in order to
accurately carryout the count.
When asked by JSS as to whether the pigs
suffered from widespread "lameness", Mr Whitelock replied, "No." Pressed further
as to whether the pigs suffered from "widespread illness", Mr Whitelock again
JSS established that Mr Whitelock had subsequently
observed FMD on other farms (for valuation purposes) When asked about
comparisons between Mr Waugh's animals and those that Mr Whitelock had later
seen on other affected premises, Mr Whitelock said, "I couldn't observe the
disease at Burnside Farm until I had asked the vet." He continued, "I certainly
wouldn't have been able to detect it."
Having had the disease pointed-out
by MAFF vet Jim Dring, Mr Whitelock was asked whether he thought the herd was
diseased and replied, "No." Further pressed by JSS as to whether he thought the
pigs were adversely affected after Mr Dring had indicated the disease was
present, Mr Whitelock replied, "No. Not particularly."
explained to the court that pigs were lying down in some pens and were able to
get up. Mr Whitelock added he had entered "just about every pen that was there."
Asked whether the behaviour of the pigs was unusual he replied, "No. Not
At 3.42pm, Mr Cosgrove cross-examined Mr Whitelock's
evidence on behalf of the Prosecution.
Mr Whitelock explained that when
he entered "many of the pens", he didn't have to get the pigs to stand-up and
the animals were "running around." Mr Whitelock said he had not entered certain
pens and was able to count the pigs from the outside of the pen. Mr Whitelock
stated that some pigs had to be "got-up" when he and Mr Dring went amongst
Mr Cosgrove asked whether the pigs were easy to get-up and Mr
Whitelock said,"Mr Dring would go in and put them-up." Mr Cosgrove asked whether
Mr Dring had "forced them?" Mr Whitelock replied, "No. Just eased-up with his
At the conclusion of Mr Whitelock's evidence Mr Cosgrove requested
that the Prosecution would like to make submission regarding Charge
The evidence of Mr Dunn and Mr Bobby Waugh was
not in disagreement and under normal circumstances Mr Ronnie Waugh, as person
with responsibility with regard to these matters, would normally have passed the
license to his sister for recording within the movement-book. The Prosecution
accepted that Mr Ronnie Waugh had been suffering from cancer and would therefore
not proceed against Mr Bobby Waugh on Charge Six.
The Defence evidence
finished at 4.04pm. Final submissions on behalf of the Defence and Prosecution
will be given on Tuesday 28th May.Bruce Jobson - 27th May 2002