Conwy council accused of witch hunt against Great Orme farmer

David Kirwan, from Kirwans law firm, spoke to the council’s solicitor at early hearings expressing concern at the prosecution’s determination to bring a case before a judge.

Solicitor David Kirwan

Although nine charges were dropped, a further 11 charges remained until four days into the hearing, when Mr Kirwan approached the council’s barrister. Mr Kirwan said: “I impressed upon the barrister the groundless nature of the prosecution, the damage it was doing to Mr Jones’ character and to the reputation of the council and the need to abandon the case at what was the eleventh hour.” That afternoon, the remaining charges were withdrawn and the case collapsed.

Mr Kirwan said: “After the case, I found the prosecution’s claims to the Judge the council had decided it was in the public interest to drop the case they had so relentlessly pursued almost to the bitter end quite remarkable, if not disingenuous.

Mr Kirwan has joined the Farmers Union of Wales to call for an investigation into the council’s decision to prosecute Mr Jones, and described it as “scandalous a local authority that caused so much emotional and financial damage to a law abiding farmer should be allowed to walk away with no questions asked”.

An FUW spokesman said: “To pay for his legal defence Mr Jones has had to borrow £50,000 from his family, as well as selling 300 sheep and farm machinery, despite the case having collapsed, there is little prospect of costs awarded by the court coming close to covering the Jones’ expenses.” In a letter to conwy council’s chief executive, the FUW accused the council of having adopted an aggressive approach, in stark contrast to those adopted by most local authorities. It became clear the council had taken a decision to pursue Mr Jones in what has rightly been compared to a witch hunt.”

Guto Bebb MP for Aberconwy. Picture. Kerry Roberts KR190118b.

Aberconwy MP, Guto Bebb, said: “I am keen to understand how Conwy council got to the position it did. What was the decision taking process? I am led to believe other local authorities tend to work with farmers, rather than prosecute. A prosecution should only ever be the last resort.”

Janet Finch Saunders, AM, who has also written to the chief executive making the same points.

She said she was appalled this matter ever proceeded to court support remains firmly with the farmer Mr Dan Jones.

“It simply beggars belief that the local authority chose to take a local farmer to court only for it to fail costing local taxpayers thousands.

Janet Finch-Saunders

“There appears to have been no recognition for the difficulties facing this farmer when farming such a difficult and extreme terrain.

She added: "I can also say as a passionate animal lover that sadly Nature can often take its toll on farm animals and support should have been more forthcoming in the first instance. Despite the case collapsing Mr Jones now faces many years of financial hardship and worry going forwards.”

Mr Kirwan added: “Daniel may have won his case, but for him the victory is somewhat hollow, as the case has cast such a dark shadow over his life for the past 17 months; a dark shadow that remains while he tries to come to terms with the lifelong debt he has had to accumulate simply to maintain his good name.

“At a time when every penny of taxpayers’ money counts like never before, I find it astounding that the council thought it necessary to spend public funds bringing his case to court, throwing

my client’s life into turmoil in the process.

“I realised at a very early stage that the charges being brought against Daniel were unjustified and that the case should not progress to a court hearing, and I told the defence counsel that in the strongest possible terms.

“It is extremely regrettable to all concerned that they decided to proceed with the charges, and I wholeheartedly back the FUW’s demand that an investigation should be carried out into the decision to pursue the case.”