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The 'Hindu' bull condemned to death by the Welsh Assembly was today saved from slaughter by a High Court judge in Cardiff.
The judge ruled that the decision to slaughter Shambo, the six-year-old Friesian who tested positive for bovine tuberculosis, was “unlawful and will be quashed”.
Killing the bull that lives at the Hindu Skanda Vale Community would be a “serious infringement” of the community’s rights, the judge said.
The Welsh Assembly has lodged an appeal against the decision and farmers' unions in Wales attacked the decision. Dai Davies, President of National Farmers' Union, Cymru said the judgment was “an absolute kick in the teeth for all those farmers who have had animals destroyed as part of the bovine TB controls”.
Mr Justice Hickinbottom said the Assembly Government “have adopted the wrong approach in this case” and would have to rethink the matter. The Welsh Assembly said last month that it had decided to give the go-ahead to vets to put the animal down. Monks at Skanda Vale subsequently sought a judicial review of the decision.
The judge said the Government had been preoccupied with “entirely eliminating, as opposed to minimising such risk” and had not considered the actual danger posed. He had “grave doubts” as to whether there was enough evidence to require slaughter of the bull, he said.
A spokesperson for the Welsh Assembly Government said they were disappointed by the decision. "There are serious public and animal health issues in this case that need to be resolved urgently. As a result we are appealing the judgement as a matter of urgency."
The judge added that the Government would be "obliged" to reconsider the public health objectives behind the surveillance and slaughter policy and decide whether slaughter would be "proportional" given the "serious infringement of the Community’s rights under Article 9" that it would involve.
Article 9 of the European Convention of Human Rights guarantees the right to “manifest” religious beliefs.
But the judge said the ruling did not guarantee Shambo would be allowed to live on until he dies of natural causes. He said that on the basis of evidence before him, it is “very likely” that Shambo is infected, despite the Skanda Vale Community's claims to the contrary, but he emphasised that animals with the disease have been cured in the past.
“This judgment merely rules that the decisions of 3 May and 3 July to issue the slaughter notice and to pursue the slaughter under that notice were unlawful and will be quashed.”
During the judicial review of the decision to kill the "sacred" bull, Clive Lewis, for the Assembly government, said on Thursday that Wales’s Rural Affairs Minister, Jane Davidson, had considered the matter carefully before deciding that Shambo should be slaughtered.
He said: “We understand how difficult this is going to be for the community. We know they are not commercial farmers but we also know that an animal, using the internationally-approved test, has tested positive for exposure to M bovis.”
The judge said that his ruling would not interfere with the Assembly Government’s ability to exercise its duties in future, relating to Shambo or any other animal, under the 1981 Animal Health Act or The Tuberculosis (Wales) Order 2006.
Concluding his written judgment, Mr Justice Hickinbottom said: “I appreciate that the issues in this case have engendered much public interest and considerable strong feeling.” More than 20,000 people have signed a petition on the Skanda Valewebsite to show their support for Shambo and a webcam trained on the bullock allowed supporters to track his every move in the isolation pen at the temple.
Brother Simon, a monk at the Skanda Vale Community in Llanpumsaint, Carmarthen, West Wales, said the community were "absolutely delighted" by the judge's decision. "We don't know what it's going to mean in future but we want to thank everyone who has been so supportive and who has prayed for us. We are very happy that the judge has decided to protect the sanctity of life." He said that in celebration Shambo would be given some extra dairy nuts tonight and was sure Shambo knew "what was going on".
Ramesh Kallidai Secretary General of the Hindu Forum of Britain said: “This is a historic judgment…A key criticism of the earlier decision to slaughter Shambo had been the subjectivity, and hence unreliability, of the test. This is a landmark judgment in the history of religious worship in the UK.”
The next hearing in the Shambo case has been listed for appeal at the Court of Appeal in Cardiff on Friday - when the Welsh Assembly Government will try to get the execution order put back in place.
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We are not all born lawyers, but I think in the interests of tolerance of each of the 6 major religions of the world we should be able to find the happy median.
Welsh people also have their own language and history, and the Welsh Assembly I am sure have connections through out the world who would wish for certain things to happen.
A compromise should be found above xenophobia against the bull shambo.
I am from a Sikh family living in England, we lived next door to a Welsh family, never a cross word in 35 years.
Hindus, Welsh Assembly, Welsh Farmers Union, Scientific Community can live together in peace and harmony.
Ancient Hindu text believed the earth was supported on a single bull's horn, and earth quakes were explained by the likes of shambo play with the earth on his horns.
Comments like in the media like Mootunity, don't help anyone in the future.
May be Prince Of Wales could help out, he is knowledgeable about eco-farming.
simon gill, nottingham, england
Have all the above self- righteous protesters so soon forgotten the BSE ('mad cow') crisis that we had fairly recently, resulting in thousands of animals - quite rightly - being slaughtered and cremated?
Come on! ... This is not time for sentiment!
Tony J, Swanage, UK
Just as British can kill for sake of democracy in Iraq, so can the minority immigrants fight for saving a life. People act upon what they believe. So why is this bull being equated to cattle that are slaughtered for food. Its a bull someone has raised with love and affection very much the same way as people raise their children. Nobody likes to lose their loved ones. Oh, the scientific thinkers - how about killing someone with AIDS ? And btw, what if it was you ?
Skanda Vale are promising to quarantine the bull. Looks sensible to me. I wouldnt want the bull to live in my garage either. I am sure if Hindu Council arranged for a Madonna concert for its cause it would have had some effect on the Welsh assembly :)
Ranjith, London, UK
Why don't the Hindu's have their cows innoculated against tuberculosis? They're not food so they could be protected for the Hindus and for the rest of the UK population.
CA, Manchester, UK
At last common sense has prevailed and the judgement correct. As to the objections from the farmers union may we remind them that all their live stock is used for commercial purposes and for human consumption hence the health and safety issues become of upmost importance.
Sorry but farmers union have no case .
Dilip Shah, Northolt, Middx
I am not surprised by the people' insensitivity to other elements of nature - animals. I got quickly educated about this attitude last year when people demamnded fox-hunting to continue as it was their 'sport'. Unfortunately, the law caught up with them soon and they had to learn football!!
The tendency to kill/murder animals (i.e. put down, in civilised terms) at the drop of hat (least risk situations) is quite useful. It benefits farmers (butchers?) and creates jobs in the economy. Throughout the history, human race has already managed to eliminate lot of 'other' species. In modern phase, the process has only accelerated as we acquire new technologies.
Not the time for 3 cheers yet! Some bottlenecks still exist among the civil society like the learned Judge who thought otherwise. No need to lose heart yet for the more learned like us. We can label him as perverted etc, if nothing, we can prove that he used to watch tv programs sponsored by PETA.
yash, ILFORD, UK
Try saying the title of this article really fast.
starling, Lancaster,
Maybe the answer is for all cattle farmers to have their livestock blessed by a priest to avoid any possible future slaughter.
JRH, Suffolk
J Henshaw, Southwold, Suffolk
I think the judge´s decision is very sensible. Let us hope it doesn´t get overturned on appeal.
Our government today has got used to exercising draconian powers and the rights of citizens are pitifully small. It makes a mockery of "democracy."
When it comes to animals, blanket culling is the order of the day. It is cruel and wasteful but it´s simple, and that´s what the government likes.
Never mind that in this case, the bull is not kept with other animals in commercial farming conditions. Never mind that the disease it is very likely infected with is curable and that curing the bull first hasn´t been tried yet. What government departments get off on most is the arbitrary exercise of power without due consideration of the finer points of individual cases: in other words, government in action is inherently oppressive.
Only a free press and a fair-minded judiciary stand between us and the dead hand of bureaucracy. Three cheers for the fair-minded Judge, Mr Hinckinbottom!
cerronevado, Malaga, Spain
This is a cowardly judgment. Every other cow testing positively to TB would be slaughtered without hesitation. Are we to jeopardise public health because of sensibilities that are overstated and over played. What on earth is happening to this country. We used to be strong, resolute and sensible. Now we are a nation of wimps pandering to every minority cause that the PC brigade can get their hands on. This cow should be slaughtered. It has a dangerously contagious disease. And the first person or livestock affected by the lack of action, should sue the community that has applied for the life of this cow. We live in a state that has different rules for different communities. It is a recie for utter disaster!
Karen, Macclesfield, UK
If the cure is available for the bovine tuberculosis why should the poor animal be killed? It would equate the situation to killing of terminally ill "people" (humans).
Even if there is no cure like many diseases of humans he should not be killed as we don't kill all sick people.
Should we close all the hospitals and ban the practice of vets!
Regarding foreigners, immigrants and faiths different from the majority the viewpoints expressed above do take us back to medieval ages and not to 21st century. The motivating factor is the inter religious rivalery than the scientific basis.
S Thakkar, Toronto,
Once again, common sense has been thrown out of the window to avoid offending the sensibilities of a vocal religious minority.
When will this madness end?
Frank, Southampton, UK
Shambo is rightfully liberated. It is also time to liberate the billions of cows, pigs, lambs, birds and fish that are inhumanely mistreated and slaughtered for human consumption. As long as we have slaughterhouses we will have wars. Meatless eating is the way to go !
Brien Comerford, Glenview, Illinois
Come on... anyone can see this is obviously unfair. We should all be governed by the same rules. To excuse one group on religious (or any other) grounds is plainly unfair.
John, London, UK
What is he thinking? This is setting a seriously dangerous precedent.
What if the next 'sacred animal' has Anthrax, Foot & Mouth or Rabies?
Will everyone still be as keen to keep it alive?
GC , KENT, UK
A wrong decision based on wrong premise. I would have appreciated a decision either way if it was based on facts, i.e., whether the bull has the disease and whether a cure or slaughter is the way forward, but not when it is based on some absurd point of reference such as Art 9, which gives undue relevance to a religion in a matter of public health and shows general lack of understanding about how relevant (or not) a bull is to "hindus" as against "hindu religion". Wrong decision and I hope the Welsh Assembly elects to appeal.
Prabhat (a hindu), UK,
These TB 'tests' are not foolproof, or conclusive. All they do is indicate if an animal reacts to the test. My understanding is that many reactors, when they are given a subsequent post mortem, are proven clear, so should not have been killed.
As with foot and mouth, DEFRA seems to find a blanket approach to remove the problem more expedient than one created to manage it effectively.
IS, Herefordshire,
Surprising we didn't hear a peep from the judiciary when the Gvnt was breaking into people's houses illegally and shooting their pet animals during foot and mouth.
The greatest act of Gvnt law breaking in British history and. . . nothing. Not a dickybird.
This will of course restore faith.
Clark, Gen., Switz.
Perhaps members of the Welsh Assembly and Dai Davies of the NFU should visit Skanda Vale's website - I am not a religious person, but I find it difficult not to agree with the beliefs and plain common-sense values of the Hindu faith.
Barry B, Milton Keynes, UK
Anybody else seen Fight Club? I always thought 'calm as a hindu cow' was just a nice phrase :)
mat, mulhouse, france
This animal did not test positive for bovine TB, as most of the media insist on saying. It tested positive for exposure to bovine TB. This does not mean that it has TB, or will ever catch TB; if it has been exposed to TB without actually catching TB, it is much less likely to catch the disease in future, compared with other animals. DEFRA do not test whether an animal actually has TB and, as a result, many healthy animals are slaughtered.
Frank Upton, Solihull,
John Mills, when i first came across fox-hunt practices in britain and a large public support it enjoyed, i was no less surprised abt foreign beliefs...a third world type where people kill animals for enjoyment and get 'kick' out of it.
Luckily, the law caught up with this injustice to animal specie 2 years back as it did yesterday.
yash, ILFORD, UK
Brother Simon, a monk at the Skanda Vale Community had better be concerned because I would surmise that if there is any hint of an outbreak of TB in the vicinity of his TB infected Bull then he will be in serious trouble with his neighbours.
What concerns me greatly is how thisJudge has bent over backwards to allow them to keep the Bull . If this had been a Christian owned Bull you can bet your life that the Judge would have had it put down ages ago !!
Shame on the Court for making double standards the norm now.
Simon, London, UK
So! This is Britain in the 21st century. A place where deluded, irrational, primitive foreign beliefs take precedence over scientifically based legal decisions. Another victory for the politically correct 'faith-heads', the multi-faith taleban who want to dumb downthe country and more proof - if any were needed - that the legal system in this country is not fit for purpose.
John Mills, Raunds, UK
The judge's decision is informed and correct.
The only way way which a human can contract TB from cattle is through drinking unpasturised milk or through snogging cattle(!). That is 1 in 10 million chance.....Farmers and the politicians are using fear tactics.
To drag Shambo out of his sanctauary and execute him would be an act of medieval barberism. Wake up its the 21st Centary ! its time to begin think creativly
peter finnemore, llanelli,
"Brother Simon, a monk at the Skanda Vale Community in Llanpumsaint, Carmarthen, West Wales, said the community were "absolutely delighted" by the judge's decision"
To all of you who keep on going on about 'foreigners', I don't know if you saw 'Brother Simon' and his colleagues on the TV but they didn't look very 'foreign' to me. Comments about foreigners, immigrants, one law for them and us blah blah are so unoriginal and predictable. And what have they done that's so bad - they want to save and look after a cow. Oh how dreadful -just dreadful - typical 'immigrants' - they can't do something like that in our country!
HK, London,
So we can slaughter hundreds of thousands of cattle at the stroke of a pen, even when they pose no risk, but a confirmed positive TB bull can be saved because some Hindus own it?
The world has gone mad. Perhaps we should create a religious sect that has badgers as its sacred animals to protect them from irrelevant slaughter.
CA, Manchester, UK
Gosh. It seems to me that this proves there is one law for the native population and another for a bunch of immigrants who cannot let go of their superstitious beliefs. I'd have thought that those who want to worship bull could simply turn to face Brussels. I'm pretty liberal, but this almost has me looking for a BNP membership form.
I wonder how the farming families affected by the last foot and mouth fiasco feel? At that time, perfectly healthy animals were dragged away in front of screaming children to be slaughtered. Perhaps a jobbing journalist somewhere (not from the BBC, obviously) could track a few down and ask them.
Ray, Dartmouth,
If other cows and people now contract TB, the Hindu Forum of Britain must be prosecuted. I had always thought of the majority of Hindus as responsible, intelligent people - almost model citizens. The actions of the Hindu Forum of Britain now makes me think that this is no longer the case. I am appalled at this decision. The unparalleled selfishness of the Hindu Forum of Britain has endangered the lives of other livestock and people. How utterly reckless.
Cameron, London,
The only thing I like about this case, is people are fighting to save a life, rather than spread terror and mayhem. The Hindu Forum can easily ship the animal in question to India, or keep it quarantined during its lifetime. Killing is never a solution..
Kara Swart, London, United Kingdom
I think this decision is totally wrong. Why is it acceptable to ignore public health on religious grounds. I find the decision repugnant.
SJP, London, UK
Its always funny when cultures collide.
This is kind of a reversal of when do-good westerners decide to intervene in a foreign country to save a girl from a forced marriage (or something similar). The indignant local community throws its arms up in horror at the foreigners, wondering what the world has come to - while the do gooders pat themselves on the back for saving an innocent from the barbarities of the natives.
You have to laugh!
btw I'm a Hindu who loves nothing better than a good steak.
Punit, London, UK
It's a straightforward and even predictable judgement, that the Wales Minister's decision was wrong in law - ordering the death of the animal was not proportionate, and was not necessary, in the circumstances. cerronevado has it spot on, statutory authorities have got used to using power excessively, and without challenge.
The complaining farmers know this from their dealings with MAFF and Defra, and if they could just get over the fact that Shambo's champions are Hindus, and their reverence for him has a spiritual dimension, they might find it within themselves to raise a cheer for the sparing of the life of a fine animal, and the sticking one up the bureaucrats of the Welsh Assembly. For now, at least...
jan, Birmingham, uk
"Maybe the answer is for all cattle farmers to have their livestock blessed by a priest to avoid any possible future slaughter."
But farmers have cattle so they can slaughter it.
I keep reading "is shaved" instead of "is saved"
starling, Lancaster,
This is a Christian country and we have laws and regulations to keep us safe as a nation. We do not hold animals sacred but allow others to do so if they wish. When it comes to their beliefs becoming a threat to our wellbeing we have to hold firm on what we do in this country. This is ridiculous, mushy nonsense.
Marlene Roberts, Stevenage,
Interesting how politicised the judiciary is becoming. 'The judge said the Government had been preoccupied with âentirely eliminating, as opposed to minimising such riskâ ...'
Only one all but insane with political correctness would criticise the health officials on such grounds.
Roger Pearse, Ipswich, Suffolk
High Court judges do have consciences after all? Unlike the Welsh Assembly it seems. The unseemly way the Assembly are pursuing the slaughter of this bull is indicative of an ideal somewhat less than compassionate.
I say again, what about human beings with deadly infectious diseases? We do not murder them? Animals however are simply not considered as worthy of compassion. Unless of course they are cute and we don't eat them.
Moral hypocrites one and all.
Congratulations to Shambo and the brave community that has fought so hard to save his life. That is the kind of compassion we could with more of in this country.
Jennifer Hynes, Plymouth, England
So on the same day, a diseased infectious cow is permitted to live, when, if in a field it would have been destroyed; and a 16 year old girl in Horsham is NOT allowed to wear a simple ring which she says is part of her faith.
These decisions appear nonsense, inconsistent and prejudicial.
Steve, Surrey, UK
Maybe the answer is for all cattle farmers to have their livestock blessed by a priest to avoid any possible future slaughter.
JRH, Suffolk
J Henshaw, Southwold, Suffolk
What kind of dusty-minded fool is that judge? Does he lack all sophistication in thinking about religion and the place it has in society - or is he just acting on a Sunday School attitude he was taught as a child, that religion is Good, religion is Nice, religion should be always Respected.
I am vegetarian. I am opposed to all animal slaughter for moral and economic reasons - it is not a necessary human food. On that basis, which is far more coherent and intelligent than this ridiculous supersition, I have every right to stage a protest against Hindus killing sheep, chicken, cows and everything else exempt from their supersition.
Ridiculous story, ridiculous judiciary decision.
Joe, Manchester,
What a Shambolles....
Judith, Aspet, France
I think the judge´s decision is very sensible. Let us hope it doesn´t get overturned on appeal.
Our government today has got used to exercising draconian powers and the rights of citizens are pitifully small. It makes a mockery of "democracy."
When it comes to animals, blanket culling is the order of the day. It is cruel and wasteful but it´s simple, and that´s what the government likes.
Never mind that in this case, the bull is not kept with other animals in commercial farming conditions. Never mind that the disease it is very likely infected with is curable and that curing the bull first hasn´t been tried yet. What government departments get off on most is the arbitrary exercise of power without due consideration of the finer points of individual cases: in other words, government in action is inherently oppressive.
Only a free press and a fair-minded judiciary stand between us and the dead hand of bureaucracy. Three cheers for the fair-minded Judge, Mr Hinckinbottom!
cerronevado, Malaga, Spain
Outrageous. Clearly, public health and the agricultural community's economic wellbeing are to take second place to the religious beliefs of a foreign minority.
Martin, Hereford, England
If other cows and people now contract TB, the Hindu Forum of Britain must be prosecuted. I had always thought of the majority of Hindus as responsible, intelligent people - almost model citizens. The actions of the Hindu Forum of Britain now makes me think that this is no longer the case. I am appalled at this decision. The unparalleled selfishness of the Hindu Forum of Britain has endangered the lives of other livestock and people. How utterly reckless.
Cameron, London,
So we can slaughter hundreds of thousands of cattle at the stroke of a pen, even when they pose no risk, but a confirmed positive TB bull can be saved because some Hindus own it?
The world has gone mad. Perhaps we should create a religious sect that has badgers as its sacred animals.
CA, Manchester, UK