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Shambo, the sacred bull saved by the Welsh High Court last week, was today condemned to death at the Court of Appeal.
Monks at the Welsh temple where the bull lives vowed to "continue to seek ways to save Shambo's life" after three appeal court judges ruled unanimously that the decision to slaughter the six-year-old Friesian was "justified".
The legal battle over Shambo’s future began in May when the bullock, which lives at Skanda Vale temple in Carmarthen, tested positive for bovine tuberculosis.
The Welsh Assembly Government issued the temple’s monks with an “intention to slaughter notice” which the temple successfully challenged in the High Court in Cardiff.
But this afternoon, Lord Justice Pill, said: “I have come to the conclusion that the [Welsh Assembly] minister was entitled to make the decision she did, having regard to the very considerable problem presented by bovine tuberculosis
"The decision to eliminate the risk presented by the bullock by slaughter, and not permit an exception to the slaughter policy, was in my judgment justified."
The judge added that the move was justified even though the Hindu community would consider it “a very grave and serious interference with their religious rights."
Ramesh Kallidai secretary general of the Hindu Forum of Britain said the outcome was "sacrilegious" and made Hindus "second class citizens in the eyes of the law".
The Welsh Assembly Government welcomed the decision, saying it hoped "to work closely with the community to resolve the situation with the minimum of distress to the animal and its carers."
Lawyers for the monks had argued that there was no possibility of Shambo entering the human food chain and insisted that he was isolated from the rest of their herd of 55 cattle.
The monks claimed that the test showed only that there was a “statistical possibility” he could develop TB and their own vet had declared Shambo “thoroughly healthy”.
The bullock was granted a reprieve by the Welsh judge who ruled the decision to slaughter was “unlawful” and a “serious infringement” of the community’s rights.
But the Welsh Assembly government immediately lodged an appeal saying there were “serious public and animal health issues” at stake and today three appeal court judges in London ruled in favour of the appeal.
Lawyers for the Assembly Government told the appeal court on Friday that Judge Gary Hickinbottom was wrong to quash the slaughter order they had made because he had “substantially” misinterpreted evidence.
The judge in Wales had said that the “surveillance and slaughter” policy was not a legitimate objective. But Jonathan Crow, QC, representing the Assembly Government, said the slaughter had been ordered to protect health, and that the policy was the way to achieve it. He said that the factors had been weighed up before a “proportional” decision was made.
Mark Hoskins, representing Skanda Vale, told the appeal judges that killing Shambo “would be comparable to killing a human being”. He said that although Ms Davidson, who was replaced as rural affairs minister by Plaid Cymru Assembly Member Elin Jones yesterday, had taken expert advice on health grounds, she had not sought expert advice on religious matters.
Dai Davies President of the National Farmers' Union Cymru said leaving the animal where it can "act as a reservoir for infection" was unacceptable and welcomed the judgment.
“As a farmer I have every sympathy with anyone who has to have their livestock slaughtered due to bovine TB, however TB must be eradicated...we can’t have exceptions to the rule. We all live in one country with one rule of law for all," Mr Davies said. “Let’s hope this is the end of it given the stress to all parties concerned" he added.
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