- The Environment Agency and Trading Standards served multiple warnings and formal notices, but David Rosewell repeatedly failed to take action to care for his livestock and protect the environment.
- Rotting animal carcasses were found at the farm along with sick and emaciated livestock.
- Deep slurry, old vehicles, various scrap, and household and hazardous wastes littered the farm site.
David Rosewell, of Crook Farm, Combe Raleigh, Honiton, East Devon appeared before Exeter Magistrates Court on Wednesday 29 October and pleaded guilty to the offences.
In a case described by District Judge Smith as ‘shocking’ and ‘reading like the script of a horror movie’, Rosewell was sentenced to 18 weeks in custody suspended for 12 months, with a condition that he completes 150 hours of unpaid work.
He was also disqualified from owning, keeping, or participating in keeping all livestock for life with a 5-year minimum period before this ban could be brought before the court for consideration again. Costs were awarded in full totalling £18,251 to be paid within six months.
Joint visits uncover catalogue of concerns
Domestic waste, scrap metal, broken concrete and abandoned vehicles were found
The court heard the farm had been subject to several Environment Agency visits during 2022 and 2023 regarding the mismanagement of slurry causing a high risk of a pollution incident.
Joint inspections took place with the Environment Agency, Animal and Plant Health Agency (APHA) and local authority trading standards in March 2024 to investigate the livestock welfare and pollution issues.
Officers witnessed domestic waste, scrap metal, broken concrete and abandoned vehicles. Deep slurry-filled farm buildings and yards. Among this were many decomposing cattle carcasses. More animal bones and carcases were found around the fields.
Cattle had nowhere dry to lie with all the sheds full of slurry. They were kept outdoors in winter in waterlogged conditions with very little to eat. Many were emaciated and some required veterinary treatment.
Rosewell ignored instruction to clear away the thick slurry which posed an environmental risk
Animals that were sick or starving were left to die. Live animals were living and grazing amongst carcases and hazardous debris. One young calf whose mother had died was lying in a yard of slurry and household litter.
Rosewell was instructed to provide treatment or seek euthanasia for his sick animals. He was told to immediately provide additional feed for the cattle, to prevent access to hazards and to remove all carcases without delay.
Further visits in 2024 showed Rosewell had not followed the instructions to rectify the dreadful state of animal health and welfare. There was no control of breeding. Sick animals were not being treated and there were inadequate supplies of food for winter.
In March 2024. Rosewell was issued with the Anti-Pollution Works Notice (APWN) by the Environment Agency. The notice required the removal of slurry from the yards and buildings, and repairs to the roofs and gutters of the farm buildings.
‘One of the worst cases of farm animal suffering’
A spokesperson for the Animal and Plant Health Agency said:
This case is one of the worst examples of farm animal suffering and neglect. The sentence from the court is welcomed.
It demonstrates the effective collaboration between APHA, the Environment Agency and the local authorities. APHA takes breaches of animal health and welfare legislation very seriously and will continue to investigate allegations.
An Environment Agency spokesperson said:
Despite being given many opportunities to address the significant problems on farm with slurry and waste management, Rosewell repeatedly failed to take any action.
He disregarded the law and posed a significant pollution risk locally. This was a shocking case where we had no option but to prosecute.
It does not reflect the efforts most farmers take to protect the environment, or the risk slurry poses, particularly if it gets into waterways.
Background
Rosewell was charged with the following environmental offences:
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You, David Rosewell, between the 12 March 2024 and 15 October 2024 at Crook Dairy Farm, Coombe Raleigh, Honiton, Devon failed to ensure that slurry was stored in accordance with Regulation 4(1) of the Water Resources (Control of Pollution) (Silage, Slurry and agricultural Fuel Oil) (England) Regulations 2010, in that slurry was not stored only in a slurry storage system that satisfied the requirements of Schedule 2. Contrary to Regulation 10(1) Water Resources (Control of Pollution) (Silage, Slurry and agricultural Fuel Oil) (England) Regulations 2010
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You, David Rosewell, failed by 1 September 2024 to comply with an Anti-Pollution Works Notice, served under section 161A of the Water Resources Act 1991, requiring at Crook Dairy Farm, the clearance of slurry from the yards and farm buildings, the repair of the roofs and gutters of the farm buildings and the installation of a slurry storage system, without reasonable excuse, Contrary to section161D of the Water Resources Act 1991.
