The RSPCA is fighting a decision to return 29 donkeys and horses to a dealer accused of killing animals through neglect.

Jamie Gray faces charges under animal welfare laws after dozens of dead or emaciated horses and donkeys were found on his property at Spindles Farm, near Amersham, Buckinghamshire.

Campaigners found 111 animals in Mr Gray’s field and stables in January. Fourteen needed emergency veterinary treatment. A further 31 were dead and three were put down.

The rescued animals are now being kept at secure stables owned by the RSPCA, the Horse Trust, the International League for the Protection of Horses and the Redwings Horse Sanctuary.

However, Mr Gray won the right to reclaim some of the animals following a ruling by Sandeep Kainth, a deputy district judge sitting at Oxford Magistrates’ Court, on the ground that they were family pets. The judge ordered the RSPCA to transport the 29 donkeys and horses to Mr Gray’s farm.

The remaining 82 animals are to be sold at auction. The decision has caused outrage among animal campaigners and the RSPCA has appealed against the ruling.

Mr Gray, 44, wished for speedy return of his animals and so yesterday took further legal action and applied for an injunction in the High Court in London. Mr Justice Wyn Williams however referred the matter back to magistrates.

The RSPCA is to challenge Mr Gray’s request on Monday and is expected instead to ask for permission to rehome the animals.

Tim Wass, the RSPCA’s chief officer, said yesterday: “We have very real concerns for the welfare of the donkeys, ponies and horses involved and we have already asked the district judge to explain his decision.

“Meanwhile we will continue to care for the animals and explore all available legal avenues in order to secure their future welfare.”Susan Lewis, of the Horse Trust, said: “Everyone is absolutely devastated. We don’t understand the decision. I find it staggering we are allowing the animals to go back.”

Mr Gray is facing 12 cruelty and neglect charges under animal welfare laws brought by the RSPCA. This prosecution is due to be heard on April 28 at Oxford Magistrates’ Court.

Mr Gray, his wife, Julie, 40, and daughters Jodie, 25, and Cordelia, 19, deny the charges. A 15-year-old boy, who cannot be named for legal reasons, has also pleaded not guilty to the 12 charges.

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