Reprieved bull faces final test

The Department for the Environment, Food and Rural Affairs (Defra) announced last night that it would not appeal against a High Court verdict that it mishandled the blood test which led to “Boxy” being condemned as a suspected TB carrier a year ago.

The news was a relief to his owners, Ken and Anita Jackson of Stubbs Walden, South Yorkshire, and their daughter, Kate McNeil, who led the British Blonde to a string of prizes before he was put into a quarantine paddock while the family argued with Government vets in Leeds.

But now the Jacksons must let Defra carry out new tests and face the possibility that the bull will once again be identified as TB-positive – although he appears to be in good health.

Mr Jackson last night: “The judge said we could treat him as if the faulty test had never taken place. But I cannot take the risk of letting him back into the herd until we get an all-clear from a test conducted according to all the rules.”

His daughter said: “We don’t like to think about losing him after all we have been through but we have to face up to the possibility.”

The Defra statement, referring to the judgment won for the Jacksons by lawyers Barker Gotelee of Ipswich, said: “We have decided not to appeal. We are disappointed by the court’s decision but do not believe it undermines our comprehensive TB testing regime for cattle.

“Our immediate priority is to continue to work with the owners of Boxster to resolve the TB problem in their herd.”

The statement infuriated Mr Jackson, who said: “I haven’t got a TB problem. I have had seven consecutive all-clears, which involved Defra vets walking past Boxster to the rest of the herd and refusing to give him the re-test we asked for in the first place. Officially, the positive test on him is null and void. He is only still in quarantine because I am voluntarily going along with Defra’s instructions, although they are driving me to the point of explosion.”

He said he still had not had the £15,000 downpayment on his costs which the judge ordered the Department to pay three weeks ago. He has legal bills for several times that amount to settle, and Defra still has to add up its costs, pending further argument about costs and compensation.

In court, the Department said the limitations of its standard TB tests meant it would now be impossible to give Boxy a definite all-clear. But a scientist for the Jacksons said there were ways the vets could be sure.