An Aberdeenshire farm manager accused of using a hammer to kill pigs has walked free from court after key video evidence was lost.
Andrew Munro, 49, had denied five charges over his conduct relating to pigs at Yonderton Farm near Ellon, including two of causing pigs “unnecessary suffering” by hitting them with a hammer.
The matter first came to court after animal rights organisation Animal Equality carried out an undercover operation at the farm, which was owned by P&G Sleigh.
Mr Munro was due to stand trial at Aberdeen Sheriff Court over the allegations, but, despite the matter having been in court since October 2021, a number of issues regarding evidence disclosure persisted.
A number of statements and other documents were only disclosed to Mr Munro’s defence team minutes before the trial was due to start and days’ worth of further undercover video evidence was lost.
Defence counsel Frances Green told the court her client’s mental health had been affected by the allegations and he had been homeless for a period.
Sheriff Andrew Miller granted her motion for the case to be deserted simpliciter – meaning it cannot be re-raised.
Animal rights charity ‘bitterly disappointed’
Reacting to the decision, Abigail Penny, executive director of Animal Equality UK, the behind the undercover operation, said they had been “failed” by the legal framework.
She said: “We are bitterly disappointed by this decision.
“Animal Equality’s brave investigator filmed egregious animal cruelty on P&G Sleigh farm, operated by a senior industry pig figure.
Warning: Video contains graphic footage of pigs being killed
“But rather than treat this matter with the seriousness it warrants, the case has been riddled with needless delays and constant confusion.
“It demonstrates a blatant disregard for the animals who suffered so terribly during their short lives.
“Let down in life and let down again now, these pigs saw no compassion and no justice, first failed by the farmer and now by the legal framework.
“As consumers we are the only ones who can truly be relied upon to end farmed animal suffering, simply by choosing plant-based options instead.”
Munro had pled not guilty to all charges.
It had been alleged he caused a pig “unnecessary suffering” by repeatedly striking it with a hammer, failing to euthanise it humanely, on January 2 and 6 2021.
The January 2 allegation stated Munro struck the animal with a hammer within a pen containing, and in view of, other pigs.
‘It’s affected his reputation, his family and his children’
It was also alleged that on December 12 2020 he failed to maintain a record of any medical treatment provided to a pig.
A further charge had alleged failing to administer medical treatment or get veterinary attention for a pig with an infected uterus and a pig with a lesion on its genitals, both on December 14.
During the court hearing, fiscal depute Jane Spark told the court: “The Crown currently has not been able to locate the hard drive with the entirety of the footage on.”
Ms Green said: “The delay that has occurred here is as a result of the Crown not having the CCTV footage that is the basis of the Crown case.
“This is something that has had a great impact on Mr Munro in terms of his life and mental health.
“He lost his home and was made homeless. The farm has now closed.”
Sheriff Miller said: “It seems to me there are matters of potentially great significance which remain outstanding here.
“The defence, at 11.20am on the morning of the trial, don’t have potentially days’ worth of body-worn footage.
“The defence don’t have the reports of the experts on which the Crown seek to rely.”
‘He had counselling because he had mental health implications’
Sheriff Miller adjourned the court to allow the defence legal team time to take instruction from Mr Munro.
Disclosure of the expert reports and other documents was also made during the adjournment.
However, when court resumed a short time later, Ms Green would not have had time to properly go over the new disclosure before a trial started and so asked for the case to be deserted.
Arguing for the desertion, she highlighted the “financial impact” the case had had on Mr Munro.
She said: “He lost his job, he lost his house which was tied to his job, he had to move community.
“He was homeless for a period of time.
‘It seems to me that it’s unacceptable’
“He had counselling because he had mental health implications as a result of being accused of this.”
Ms Green said Mr Munro had been the manager of the farm and had worked in farming for decades.
She added: “It’s affected his reputation, his family and his children.
“Principally, my submission is the emotional impact on him is more than the ordinary impact of a case because of him being made homeless and losing his job.
“I say he should have finality by the decision to desert simpliciter.”
She added: “The activist agency advertised on their website the allegations and put images up, which had a considerable impact on Mr Munro and his reputation within the community.”
Ms Spark told the court that instructions from her office were that, if the trial did not go ahead that day, the Crown would not seek to pursue the matter any further.
As such, she said deserting the case simpliciter or temporarily would effectively have the same outcome.
‘The impact of these pending proceedings on Mr Munro’
Sheriff Miller said: “I recognise the efforts Ms Sharp has made to establish the extent of these difficulties.
“These are not problems for which the procurator fiscal in court today bears responsibility.
“It seems to me that it’s unacceptable that, on the morning of the fourth trial diet involving charges of this nature from 2020 and 2021, these matters which are of significance remain outstanding.
“The Crown case was to be based on a compilation CCTV disc extracted from a much larger series of surreptitiously recorded images.”
Sheriff Miller said the whereabouts of the full videos “became unknown” and there was a “dispute” as to whether that happened “in the hands of the Crown or the reporting agency”.
The sheriff concluded: “In all the circumstances, having regard to the procedural history and the information I have been given and accept with regard to the impact of these pending proceedings on Mr Munro, it seems it is appropriate for the court to grant the order for desertion simpliciter, so that’s the order I’ll make.”
Mr Munro was approached for comment outside court but, asked if he intended to return to farming, remained silent.
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