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Tuesday, 21 August, 2001, 16:45 GMT 17:45 UK
Legal challenge over cull lost
Janet Hughes with her son at the High Court in London
Janet Hughes emerged from the High Court defiant
A teacher from mid Wales has lost her High Court challenge over the policy of culling livestock in the Brecon Beacons during to the foot-and-mouth crisis.

Janet Hughes, who has recently bought a small holding at Churchstoke, had objected to the way testing and culling have been carried out.

Blood tests
Blood tests have proved negative

Last month a government policy change resulted in the culling of 6,000 hefted flocks on the hills.

Ms Hughes was seeking a judicial review over the decision, by the Department of the Environment, Food and Rural Affairs (Defra), claiming they acted unlawfully.

She believes sheep which have foot-and-mouth antibodies - but do not carry the virus - should not be culled.

Her lawyer, Mr Guy Adams told the court: "There was no infection in those 6,000 sheep at all."

But Defra claimed that the policy was a success and the judge agreed, rejecting Miss Hughes's claim the change was unlawful.


The policy is based on scientific advice and those that are most affected agree it is the right thing to do

Chris Vajda Defra QC

Mr Justice Stanley Burnton said: "No one could help but be appalled by the large number of animals killed and the impact on the livelihoods of the people affected.

"The disease is a highly virulent strain of the virus that spreads very quickly and it may be the inevitable consequences was the death of very many animals and damage to a number of industries and livelihoods."

Despite the judge's decision Ms Hughes remains defiant. Outside the court she said: "I am not giving up.

"I grew up on a small holding. I can see the destructive changes that can happen if they continue with this.

"We live in an area of culling in February and March it was mass destruction."

Originally the assembly decided not to carry out a contiguous cull on the hillsides because the sheep were hefted.

Tests continue

But it reversed the decision in an effort to combat the spread of the disease in the Beacons area, where there have been 18 cases of foot-and-mouth.

Testing is continuing but latest test results on flocks in the area have proved negative raising hopes that the pattern of testing and culling is coming to an end.

A total of 20,000 sheep on the Beacons have been culled so far.

Defra's QC, Chris Vajda, claimed the slaughter of nearly 18,000 sheep potentially saved the Beacons sheep population of 150,000.

"The policy is based on scientific advice and those that are most affected agree it is the right thing to do."

The judge ordered Ms Hughes to pay costs to Defra, which have been estimated at around £25,000.

See also:

10 Aug 01 | Wales
Latest Beacons cull begins
09 Aug 01 | Wales
More culls as fresh cases emerge
06 Aug 01 | UK
Farmers hit back in money row
25 Jul 01 | Wales
Disease hits Beacons flocks
31 Jul 01 | Wales
A Brecon farmer's struggle
02 Aug 01 | UK
Mass slaughter of lambs confirmed
05 Aug 01 | UK
Disease payouts under scrutiny
04 Aug 01 | UK
Slaughter decision 'cost £3bn'
04 Aug 01 | Wales
Third Beacons sheep cull completed
05 Aug 01 | Wales
Virus testing extended
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