Back in 2018 a farmer, William Martin Brown 59, from Penicuik in Midlothian was filmed beating and kicking sheep at Herbertshaw Farm, Howgate, near Penicuik. On Tuesday Brown pleaded guilty at Jedburgh Sheriff Court to causing two sheep unnecessary suffering by repeatedly punching and kicking them and was given a £550 fine.

At first glance this case, disgusting as it is, seems to have nothing to do with the purpose of this site but dig a little deeper and some interesting points emerge. The case was presented by the Crown Office Procurator Fiscal Service (COPFS) based on a report from the Scottish SPCA, but the crucial evidence was supplied by People for the Ethical Treatment of Animals (PETA). Video evidence was apparently filmed by an undercover animal welfare officer from PETA who obtained the position at the farm to ensure welfare standards were met. The footage was then handed to the Scottish SPCA. For some time now COPFS have seemed very reluctant to take wildlife crime cases involving video evidence due apparently to concerns that such evidence might breach rights under The European Convention on Human Rights and Fundamental Freedoms or common law principles. It is interesting that in this case a prosecution went forward and resulted in a guilty plea. Clearly COPFS, the Sheriff and the defence agent had no valid concerns about the evidence collected by PETA and how it was obtained.

We will watch future cases where wildlife crime prosecutions are not brought forward or discontinued due to ‘problems’ with video evidence with interest.