Sunday, 19 May 2013

Cumbrian mum and daughter win pigeon feeding appeal

Feuding neighbours’ “unreliable evidence” saw two High Harrington women walk free from court after successfully overturning their conviction for feeding pigeons in their garden.

Monica and Janet McIntosh photo
Monica and Janet McIntosh

Related: Neighbour ‘slapped’ Cumbrian pigeon-feed woman

Monica and Janet McIntosh branded the four-day appeal their “week from hell” after a crown court trial in Carlisle.

The mother and daughter, of Broadacres, won an appeal against their convictions and sentences for breaching an abatement order to stop leaving food out for pigeons, served on them by Allerdale council in June last year.

The pair were found guilty of breaching the order at West Cumbria Magistrates Court in December and were fined £500 each.

Janet vowed to continue to feed the garden birds, and said: “Allerdale Borough Council should not put people through this.”

Recorder Tim Smith said that after considering all the evidence the court could not be sure that the McIntoshes failed to comply with the abatement order.

He added: “There is no reliable and direct evidence that either Monica or Janet were seen to feed the pigeons or put out regular feed in a way that would cause them to attract pigeons to the premises.”

Mr Smith felt evidence from neighbour Arthur McCullough could not be relied on because he had had disputes with the pair.

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