Wednesday, August 17, 2005

Mole Martyr?

Sir Terence Clark in England sent me a story fom the UK Shooting Times that bears repeating here. There is no link to the story per se, but it is worth reprinting as a tale of what happens when law trumps common sense. What you need to know is that you cannot hunt a mammal with a dog, unless is a rat-- or a rabbit-- but not a hare. Got that?

"A Northumberland man could be the first person to fall foul of the new anti-hunting law. As I write, George Morrison, of West Woodburn, is under police investigation for hunting a mole.

"The offence is alleged to have happened when Mr Morrison flushed a mole from under a horse trailer. The hapless mammal made a sort of dash for the lawn. It was at this point that Mr Morrison committed the offence — it seems he wilfully called Chips, his terrier, to deal with the mole. Chips took up the hunt with unseemly enthusiasm and promptly killed the mole.

"Mr Morrison, who happens to have recently retired from Northumbria Police, after 30 years of distinguished service, immediately realised that he had committed an offence under the Hunting Act. If he had used the dog merely to flush the mole and then despatched the animal with a gun, then he might have kept on the right side of the law. However, it is unusual to catch moles on the surface, and no gun was to, hand. Besides, Mr Morrison is keen on keeping his lawn unblemished—one reason why he is not so keen on moles — and the prospect of blowing a crater in the sward with a 12-bore was unthinkable.

"An added absurdity is that Mr Morrison's actions would have been perfectly lawful if his quarry had been a rat or a rabbit.

"Being a time-served upholder of the law, Mr Morrison made no hesitation in turning himself in. He rang the police and an officer was duly sent to his home. On arrival, the officer informed Mr Morrison of his legal rights and proceeded to interview him. The bemused officer also examined the scene of the crime and collected the evidence (the ex-mole) in a sealed exhibit bag. Mr Morrison helpfully suggested that a post-mortem should be performed to establish the cause of death, and offered to hold Chips while a swab was taken for DNA.

"The officer did not take up this offer, but said he would be taking the deceased mole back to the station, where it would be placed in a freezer. Mr Morrison understands that a file on the incident will be sent to a Crown Prosecution Office (CPO), in Southern England, which is said to be collating all evidence of alleged illegal hunting. He is waiting to hear whether he
will be prosecuted.

"In considering the death of the mole, the CPO may wish to consider what public good will be served by bringing a prosecution. On the one hand, if they go ahead and prosecute Mr Morrison, it seems likely that the media will have a field day and the law will be widely derided and brought into disrepute. But, on the other hand, if they decline to prosecute Mr Morrison, then a precedent will be set, which may well be cited by subsequent transgressors. Either way, it seems highly likely that the Hunting Act is going to be made to look stupid".

LOOK?

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