A message from Robert Persey"Jason Podmore was a registered swill feeder and, following the compulsory closure of his business without compensation following FMD, he is bringing a case in the High Court. He is being assisted by a Mackenzie Friend and so has no legal costs. He is seeking the charge of misfeasance (abuse of power).
Jason Podmore will seek to establish that MAFF failed in its regulatory duty by renewing Bobby Waugh's Licence (fourteen days before FMD arrived on his farm) when the facilities and procedures of Burnside Farm should have prevented the renewal of such a Licence.
If MAFF had done its job properly and closed down Bobby Waugh's operation there would not have been a FMD outbreak and as such DEFRA is resposible for the spread of FMD and is also responsible for all of the consequences.
DEFRA does not want this case to come to the High Court and has hired a top QC to defend itself against Jason who does not even have a solicitor.
DEFRA has attempted to bring presssure to bear on the Trustees in Bankruptcy who control Jason's affairs. However the Trustees have now assigned the case to Jason and the case is free to be heard in the High Court.
DEFRA cannot afford to have it established in the High Court that it was responsible for the spread of FMD.
How will this Government stop this case being heard or will David be allowed to confront Goliath?
See also www.warmwell.com/nov25persey2.html "... important. Mr Bobby Waugh was granted a Licence by MAFF to remove cooked swill from a neighbouring pig farm and feed it to his own pigs. This Licence contravened EU law. If MAFF had obeyed EU law, Bobby Waugh would not have been a swill feeder ."
Nov 8 2003 ~ From the Western Morning News "FARMER BACKS COURT CASE
05 November 2003
A Devon farmer who gave up pig farming during the foot and mouth outbreak in 2001 has backed a man bringing a test case against the Government. Robert Persey said he was looking forward to the outcome of the case over the way the then Ministry of Agriculture responded. The case, being brought by farmer Jason Podmore, of Manchester, was due to have been heard in the High Court in London last week, but was adjourned to the New Year. It alleges that the actions of the Government spread, rather than contained, the disease. Mr Persey, of Upcott Farm, Broadhembury, near Honiton, said: "I lost 3,500 pigs as a consequence of foot and mouth." He now rears cattle."