Defra has been accused by a Crown Court judge of allowing foreign multi-national agrochemical companies to maintain their prices in this country to the detriment of UK growers and farmers.
But both sides claimed victory in the case of a Herefordshire pesticide importer being found guilty of illegally storing pesticides, heard at Shrewsbury Crown Court last week.
Judge Onions found John Rawlings of Tenbury Wells, a sole importer of pesticides, guilty on three counts of illegally storing foreign chemicals for agricultural or land use. But the jury was unable to reach a decision on a further 11 counts.
A statement from Defra following the case concluded the guilty verdict was for storing illegal pesticides. But a statement from the defendant’s solicitors claims Rawlings was prosecuted for importing pesticides and storing them.
Rawlings was accused of bringing pesticides into this country from Italy and the Netherlands. But it seems he has claimed the moral high ground at the end of the case. Judge Onions concluded that Defra, through its agent the Pesticide Safety Directorate (PSD), had “unwittingly or wittingly collaborated with chemical companies to maintain a cartel”.
The three chemicals involved in the case, all from Italy, were Mocap, an organophosphate used for the control of potato cyst nemotodes; Sevin Flow, a product containing 47 percent of the carbamate insecticide carbaryl; and Oscar, for the control of red spider mite in soft fruit.
According to Defra, pesticides containing Carbaryl were banned in the UK in 2001. However, the defence said this product was intended for use on golf courses.
The Court accepted Rawlings’ argument that the Defra controls were standing in the way of free trade. He told the Court that his farmer/grower customers had to pay up to 45 percent more for the same product used by farmers and growers on the continent.
Judge Onions asked for Defra to report back to him in 21 days as to what lessons it had learned in this case, otherwise the case would go to the Competition Commission.
Denise Dowen, for Rawlings’ solicitors Hill Dickinson, said the defence was that these chemical imports were registered and identical products to those in other EC countries. Only half way through the court proceedings did Defra say they were identical products, she claimed.
The Court heard evidence from some of the major agro-chemical companies, including Syngenta, BASF and Bayer CropScience, with them having to admit under cross examination they did manipulate the market to force up prices in the UK.
Closing the case Judge Onions said this case was of great public interest and it was the chemical companies that should be investigated. The judge added that he would be writing to Kerr Wilson, the PSD chief executive, asking why the case was brought.
In pursuing Rawlings, Defra “had taken a sledgehammer to crack the wrong nut,” he said.
Rawlings was given a two-year conditional discharge on the three offences and was ordered to pay prosecution costs of £8,500. His own legal costs, which Defra estimated in their press statement, amounted to £60,000.
Dowen said after the case: “Many of my clients are being persecuted by Defra over pesticide imports. Their goods have been unlawfully seized. They have been subjected to intimidation and their businesses have been destroyed.”
She added the UK government was warned by the EU for restricting free trade in these goods.
