GERONIMO the alpaca WILL be killed after his heartbroken owner lost a last-gasp bid in the High Court to save him.
The animal has twice tested positive for bovine TB and Farming Secretary George Eustice has ordered he be slaughtered.
Defiant owner Helen Macdonald, who imported him from New Zealand, believes the tests are returning false positives but has been refused permission to have him tested a third time.
Geronimo’s plight has captured the nation’s hearts and even sparked protests in Westminster demanding he get a reprieve.
Earlier this month Ms Macdonald lost her final appeal to save her beloved pet at the High Court and a warrant was signed for his destruction.
Ms Macdonald, who owns a farm at Wickwar, South Gloucestershire with more than 130,000 people signing a petition calling on Boris Johnson to halt the killing.
On Tuesday, an urgent application for a temporary injunction to halt the enforcement of the destruction order was considered by Mrs Justice Stacey at the High Court in London.
However, the judge said she would need further information from Ms Macdonald and from Government lawyers before she could make her decision, and said she would resume the hearing on Wednesday afternoon.
At court on Wednesday, the judge refused the urgent application and concluded there was “no prospect” of Ms Macdonald succeeding in her bid to reopen a previous ruling.
Ned Westaway, representing the Defra executive agency the Animal and Plant Health Agency (Apha), told the court the agency will not seek to execute the warrant on Wednesday evening, and would give Ms Macdonald the opportunity to make her own arrangements for Geronimo’s destruction.
Ms Macdonald’s lawyers told the court Geronimo first tested positive for bovine tuberculosis in September 2017 and has been in isolation since.
CONDEMNED TO DEATH
Catrin McGahey QC told the court that although Defra argued in previous hearings that there was a “residual risk” to other animals, the agency has also agreed Ms Macdonald’s bio-security arrangements are “impeccable”.
She said it had come to light following the publicity resulting from Ms Macdonald’s case that other animals who have been subjected to the same testing regime as Geronimo have later showed no signs of the disease after being euthanised.
Ms McGahey said: “The only issue is whether the defendants should have disclosed the fact that they had in their possession evidence that other camelids who had been subjected to repeated priming had gone on to test positive in Enferplex tests, and that there had been no sign of bovine tuberculosis on post-mortem examination.”
However, following an adjournment to allow Ms Macdonald’s lawyers to decide what evidence they wish Defra to produce and a time estimate of how long that may take, the judge refused to grant injunctions to spare Geronimo pending a further hearing and for disclosure.
Mrs Justice Stacey said that on the evidence before her, Ms Macdonald had not succeeded in showing there was any prospect of her reopening the litigation.
She said the farmer’s complaint about non-disclosure did not give rise to an arguable case, but was a “disingenuous and backdoor way of seeking a further route to appeal” when there was none left.
Last week the Government insisted all the evidence on the animal’s condition had been “looked at very carefully”.
A Defra spokesman said on Wednesday: “There are no plans to execute the warrant today. We are sympathetic to Ms Macdonald’s situation, just as we are with everyone with animals affected by this terrible disease.
“It is for this reason that the testing results and options for Geronimo have been very carefully considered by Defra, the Animal and Plant Health Agency and its veterinary experts, as well as passing several stages of thorough legal scrutiny.
“Bovine tuberculosis is one of the greatest animal health threats we face today and causes devastation and distress for farming families and rural communities across the country, while costing the taxpayer around £100 million every year.
“Therefore, while nobody wants to cull infected animals, we need to do everything we can to tackle this disease to stop it spreading and to protect the livelihoods of those affected.”
