CRUELTY COURT CASE Sabotaged by Trading Standards

the abuse of Flat House Farm is not animal cruelty according to Trading Standards

Over the years, Viva!’s covert investigators have been subjected to some appalling animal cruelty in order to expose what happens behind the closed doors of factory farms Flat House Farm in Leicestershire ranks as one of the worst we have ever seen. Dead and dying animals were everywhere and many were obviously diseased – some in agony from advanced conditions which had clearly been ignored Feral cats were dragging weak, newborn piglets out of the farrowing crates and eating them, some while still alive

So gross were the conditions that we took the decision to return in daylight and confront the farm owner, Alan Elvidge who denied he was the owner several times –even while insisting that we left the premises He didn’t express any concern for the suffering we had unearthed and graphically described to him (You can view it all at viva org uk/flat-house-pigs)

The media were more accommodating and our exposé received widespread coverage throughout the region –print, radio and TV. It was also released as a Mail Online exclusive, causing nationwide outrage

As with all Viva! investigations, the farm was reported to the Government’s Animal and Plant Health Agency, Trading Standards, Red Tractor and the RSPCA. The laughable Red Tractor ‘assurance’ label was immediately revoked following our publicity (talk about bolting the stable door ) and CEO of Red Tractor, Jim Moseley, admitted on BBC Radio 4’s Farming Today that the investigation had damaged their reputation

We also complained to Leicestershire Trading Standards (TS), who conducted their own investigation and eventually initiated a prosecution against the farm Although Viva! triggered the case, TS did not request any witness statements from us and failed to even open the many video files we sent them containing hours of unedited footage.

That was two years ago and so we were delighted when, finally, a court date was set for October 8, 2022, to be heard before a district judge Nicholas Watson in Leicester Magistrates Court. A total of 68 charges had been filed against four defendants, 17 each against the Flat House company, the farm manager Jane Froud, the owner Alan Elvidge and his sister Rachel Elvidge, a director of the farm We attended as observers

It was a small courtroom and we were seated close to one of the three defence barristers and their three instructing solicitors “Who are you?” one of the barristers demanded When we told him we were from Viva! he replied: “I hope you’re not going to throw a pot of paint over me!” It was all downhill from there on!

Prosecuting barrister, Dr Robert Lindsay, acting for TS, was the first to stand shortly after 10am and immediately requested an adjournment, claiming that he had only recently been handed the case and needed more time to prepare. Bizarrely, he then added that he had had to drop two lucrative cases to take on this one

The judge expressed his displeasure that after nearly two years TS felt unable to proceed even though they had known that six days had been set aside for the trial. He refused the request, ordering just a two-hour recess Even at this early stage, the TS barrister indicated that no charges would be brought against the farm manager, Jane Froud

On resumption at midday, a whole swathe of other charges were dropped by TS, who requested a further adjournment in the belief that they could elicit a plea of guilty from the accused on the few remaining charges The judge granted a further two hour adjournment and on resumption, the 68 charges had been whittled down to just one, under the Animal Welfare Act 2006, with three technicalities, to which the accused pleaded guilty Again, Judge Watson expressed his displeasure that the trial had all but been abandoned

Viva!’s Tony Wardle tried to speak with TS’s barrister as he exited the court into the concourse He refused to respond and when asked why he had abandoned one of the worst cases of farm animal cruelty in Britain, he replied: “I don’t wish to talk to you!,” and ducked into the barristers’ robing room He later complained to TS that he had been harassed by Viva!

Sentencing was delayed for two weeks, when a raft of excuses was offered by the defence – that Mr Richard Elvidge senior (the original farm owner) had died of a heart attack while awaiting the trial – partly thanks to Viva!’s investigation, according to his son; the farm manager had quit and the farm no longer housed pigs.

One of the worst cases of mass animal abuse we have ever witnessed in Britain boiled down to this – improper slatting, little to no enrichment and a broken pen rail They were fined £5,000, with a 10 per cent credit for pleading guilty plus a surcharge of £181 Despite a massive investigation at public expense, TS did not seek jail time, community service or even costs and did not request a ban on the Elvidges keeping animals in the future

Perhaps the most important outcome of this farce is that the Elvidge’s business is winding down, all the pigs have gone and the buildings have been left empty They say they’re uncertain about the future but are looking into arable farming and energy through the production of wind turbines

The RSPCA arrived to investigate the farm while we were still there but chose not to interact with us and we have heard nothing more about their investigation. We have also heard nothing more from APHA

Speaking about the result, Viva! Founder and Director, Juliet Gellatley said: “On the one hand I am delighted that no pigs are now suffering in the filthy slum that was Flat House Farm I am truly proud of Viva!’s role in this outcome. On the other hand, it is appalling that the UK legal system has deemed that those running a farm, with a mountain of evidence against them, should pay only a measly fine I witnessed first-hand the tragedies that took place inside Flat House Farm and it was like something from a horror film

“The sentencing proves that farmed animals in the UK have almost no legal protection If organisations such as Trading Standards aren’t prepared to protect these animals, who will? People are under the false impression that farmed animal welfare standards in the UK are amongst the best in the world, yet those responsible for the tortuous conditions of Flat House Farm are free and have barely been punished. If the cruelty at this farm doesn’t constitute grounds for a jail term, what does?

“The public cannot rely on anyone but themselves to stop this cruelty Flat House Farm is just one of many and we must stop funding factory farming and go vegan now.”