James Kempster was found not guilty of criminal damage after dumping 50 hares and two birds outside a Hampshire village shop, but convicted of possessing the dead birds. He made a peculiar 'tweet, tweet, tweet' remark as he left court.
A roofer, James Kempster , has been acquitted of criminal damage charges related to the disturbing incident of dumping 50 dead hares and two birds outside a village shop in Broughton, Hampshire .
The case centered around accusations that Kempster transformed the store into a scene resembling a 'horror movie' by smearing blood on the windows and scattering hare carcasses across the forecourt. After more than two hours of deliberation, magistrates determined they could not establish 'beyond reasonable doubt' that the individual depicted in the shocking CCTV footage was, in fact, Kempster.
The prosecution presented CCTV evidence and DNA analysis linking Kempster to the scene, but the defense successfully argued that the evidence was insufficient for a definitive conviction. The CCTV footage showed a person resembling Kempster near the shop approximately 26 hours before the incident, wearing clothing that, while similar, wasn't conclusive proof of identity. Forensic experts also offered differing opinions on the reliability of the DNA technology used.
Despite being cleared of the criminal damage charges, Kempster was found guilty of two counts related to possessing the dead birds – a barn owl and a kestrel – under the Wildlife and Countryside Act. The magistrates established that Kempster had been in possession of the birds based on DNA evidence, deeming possession alone sufficient for conviction. This conviction carries the potential for imprisonment, and Kempster will be sentenced in June following the preparation of a report.
Throughout the trial, Kempster maintained his innocence, stating he had no involvement in the incident and couldn't explain how his DNA ended up at the scene. His defense barrister, Juliet Osborne, emphasized the high standard of proof required for conviction, arguing that even if Kempster's involvement was 'very probable,' it wasn't enough to secure a guilty verdict. The prosecution argued that establishing a motive wasn't necessary, only certainty of evidence.
The court acknowledged the presence of Kempster's DNA on the animals but questioned the strength of the evidence linking him directly to the act of discarding them. In a striking conclusion to the proceedings, as Kempster exited the court building, he addressed reporters with a peculiar exclamation: 'Tweet, tweet, tweet.
' This unusual response has drawn significant media attention, adding a bizarre element to an already unusual case. The magistrates highlighted discrepancies in the evidence, specifically noting that the logo on the trousers worn by the individual in the CCTV footage did not match the one visible on Kempster's clothing. They also acknowledged the possibility of 'transferable DNA' due to Kempster's close contact with his brother, suggesting the DNA evidence could potentially implicate the wrong sibling.
The case underscores the complexities of relying on circumstantial evidence and the importance of establishing guilt 'beyond reasonable doubt' in a criminal trial. The incident caused considerable distress to the shop owners and local residents, and the conviction for possessing the dead birds represents a partial resolution to the unsettling events that unfolded in Broughton
James Kempster Hare Dumping Wildlife Crime Criminal Damage Hampshire
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