Mart owners John Swan Ltd admit breaching regulations

Jul 8 2009 by Brian Daniel, The Journal

Magistrates heard how John Swan’s managing director Jack Clark briefed ministers in Europe earlier this year.

He has been involved with Scottish agencies on the introduction of electronic identification of livestock.

“The defendant company is in a position of great responsibility. They should be setting an example to the farming community. They should be whiter than white.”

Mr Masson said staff at the mart, which an average of 2,500 sheep pass through at weekly sales, have a “lax attitude to regulations”.

The court heard the firm has been warned before, receiving a formal caution for similar offences in June 2007 and warning letters in August 2005 and February 2006, for breach of the standstill restrictions.

Defending, Richard Scott told magistrates the 24 -employee company was established in 1862 at St Boswells in Scotland, setting up at Wooler in 1999. He said the firm is used to movement regulations north of the border and has never been in trouble there, but has struggled to adapt to English law.

Mr Scott said the company had delegated responsibilities for obeying restrictions to the “wrong” staff. Its auctioneer has been suspended in recent months and a new employee brought in to ensure compliance with regulations – with no breaches since February.

Sentencing, chairman of the magistrates Moira McLean said: “The company is in a position of trust in the farming community and it is a large operator in a position of responsibility across England and the Scottish Borders. It should be a responsible company and we have taken into account the fact it had been warned before.”