09/10/2013 Spotlight

The cull was a success according to the Environment Secretary but he

tells Spotlight that badgers moved the goalposts. Good evening. Owen

Paterson says the trial was humane and effective. In an interview for

this programme he denied the Government had changed the rules of

the cull. The badgers have moved the goalposts. It is a wild animal. It

is subject to the vagaries of the weather. We'll also hear from

anti—cull campaigners. Jailed, an artist from Cornwall convicted of a

series of child sex offences is finally behind bars after a court

ruled his suspended sentence was unduly lenient. And the row over who

should've taken this badly injured child to a specialist burns unit 170

miles away... He was in pain and had a horrible trauma. To expect him to

sit in a car while we tried to find the hospital was crazy. An artist

from Cornwall who was controversially spared prison

earlier this year despite being convicted of a series of child sex

offences was today told he faces jail after all. Graham Ovenden was

given a prison term of two years and three months after the Court of

Appeal ruled the original sentence was too lenient. The Lord Chief

Justice said he had shown not a shred of mosques and had no

understanding of the very serious harm he had caused to his victims.

Our Home Affairs correspondent Simon Hall was in court in London. Graham

of London arrived in court far less keen to speak out than usual. He was

aware he could be facing prison —— Graham Ovenden. He had been

convicted of child sex offences but because of his age, the damage to

his reputation and the judge's view that he was a longer a threat to

children, he was given a 12 month suspended sentence. Today the Court

of appeals said there were more aggravating factors, the serious

abuse of trust, the age of his victims and their suffering and they

imposed a jail term of two years and three months. On the half of the

victims, I am pleased that the Court of Appeal has agreed that the

original sentence was unduly lenient and have passed a custodial sentence

for Graham —— Graham Ovenden. He had a clear sexual interest in children.

I am pleased with the outcome of this case. I can review cases if

they are unduly lenient and in this case it seems that there was a

strong argument that this sentence was unduly lenient and that he

should have received a custodial sentence. I am pleased that the

Court of Appeal has agreed with my analysis and has substantially

increased the sentence. He committed the crimes in the 1970s and 1980s.

There was anger at the original sentence. Graham Ovenden also

appealed against his original conviction. That was dismissed. The

Lord Chief Justice was damning in his assessment. He said that Graham

Ovenden had no understanding of the serious harm he had caused his

victims, had shown not one shred of mosques and continued to deny that

he had done anything wrong. Graham Ovenden showed no reaction as he was

sent to prison with immediate effect. Well, a short time ago, I

spoke to Pete Saunders from the National Association of People

Abused in Childhood — who broadly welcomed the court's decision to

jail Ovenden... I spoke to Dominic Grieve and I agreed that it was an

appropriate change of the sentence from what was a lenient sentence to

the sentence that is more appropriate for the crimes that were

committed. I'm not sure whether pleased is the right word, but it is

appropriate and hopefully it will help to bring some kind of measure

of closure to his victims. Is the sentence enough? That is tough.

Those of us who work with survivors of abuse will tell you that no line

of sentence will ever be long enough when you think that the victims will

suffer and live with the memories of what was done to them for the rest

of their lives. What impact does it have on survivors when they feel the

sentence passed has been unduly lenient? From our experience and

hearing accounts from survivors, it is absolutely devastating when the

person that committed these vile crimes against you walks free from

the courtroom, so I cannot understate the impact that leniency

has on the victim. The very least that society can do is to

acknowledge this crime by imposing an appropriate sentence. The

Environment Secretary Owen Paterson has denied the badger cull trial in

Somerset was a failure, but has told BBC Spotlight that "the badgers

moved the goal posts". The Government says that although it

didn't meet the original target for the number of badgers killed, it's

still happy with the way the trial was conducted and is considering an

application to extend it. Welfare groups have argued the cull has

failed to meet any of it its aims. We'll hear from the Secretary of

State after this report from our Environment Correspondent Adrian

Campbell. This farm is right on the edge of the Devon and Somerset

border. The cattle here, pedigree Highland cattle are free of bovine

to burka loses, but the farmer says it is a present risk. He says the

cull is sad but necessary —— TV. It is difficult to make a start. They

had to get going with it and perhaps the results are not as they

anticipated. In time, they have made a good start. The department says

that 850 badgers were killed, 40% of the original target figure. DEFRA

had set itself a target of killing 70% of the population, but it says

Badger numbers are lower than predicted. There were thought to

have been around 2400 in West Somerset, but that has now been

revised downwards to 1450, which means that the companies do not have

to shoot so many badgers to meet the targets. They have moved the

goalposts because the numbers are disappointing. The results are the

important thing. Somerset Badger Group show that —— say that the

results show they have failed to meet the target. There is no

allowance for the seasonal changes in badger populations. There is no

allowance in terms of the fact that we had a dry spring and we have less

badgers. The National Farmers' Union says the results may not be perfect,

but the government is doing the right thing. They have taken a brave

step. The disease was out of control and was the danger of Europe making

us into some sort of isolation zone and effectively shutting down

farming. Many campaigners say they support farmers but say a badger

cull simply cannot work. Well, earlier I spoke to the Environment

Secretary Own Paterson. I asked him why he considered the cull to be a

success. I am satisfied that we have proved that in Somerset this method

is safe. The overwhelming evidence coming back is that the badgers have

been shot cleanly and died quickly in a humane manner and I think that

is important for the future and on effectiveness, they have achieved in

six weeks, 60% of the current numbers and our chief veterinarian

is clear that this will lead to a significant reduction in disease.

Critics say it is a failure, you did not estimate the number of badgers

in the area correctly, you have not reached the 70% target that you set

yourself and now the trial has to be extended. You're moving the

goalposts. The badgers have moved the goalposts. They are wild

animals. They are subject to weather, disease and breeding

patterns. If you are saying that, does that not mean the trial itself

is pointless? That will change every year, you could never set a target

that you know you will meet if the badger population is changing year

by year. Of course it will change every year. How can you say you want

to kill this many badgers when you do not know how many badgers are in

that area from year to year? We have guides on the ground who are good at

coming up with an accurate estimate according to the very latest

evidence available. They took this physical evidence very shortly

before the cull began and came up with the current number. The whole

idea has been to see if this will be successful enough to be rolled out

to other parts of the country. Experts have said in the past if you

do not kill enough badgers in the zone, there is a danger that the

disease will spread to clean areas. What happens if that is the case

here? It is sensible to ask for an extension. If you can get more in a

disease hotspot area it will be helpful. In terms of judging it as a

success, it sounds as if you are already doing this. Will it be

rolled out across the country regardless of how this trial ends.

No. There are lessons to be learned. The preliminary evidence is clear.

We have been successful on safety. The guys on the ground have been

successful. They have been successful on humaneness and on

effectiveness. So, I am very happy to say this is a successful

operation. Obviously we can always do better and there will be lessons

to be learned. I look forward to reading an independent report.

Responding to the minister's comments, Labour's Exeter MP Ben

Bradshaw said he's always been sceptical that the cull could reach

its target and feared the cull could make matters worse. It seems to go

from one disaster to another when it comes to win Patterson. They have

lost half the badger population of Somerset. If they had moved out of

the Carling area, the farmers in those areas will not be happy. After

all of this we could have a lot of dead and injured badgers with no

benefit for the farming community. And many of you have expressed your

opinions on this story. If you'd like to join the debate, you can

head over to our social media pages. You can find us on Facebook and

Twitter, or you can email us. The addresses you need are all on your

screen now. And do remember to leave us a contact telephone number or

e—mail address. Coming up later in the programme; a dramatic

confrontation. I am here on behalf of former residents. Find out what

happened when Sam Smith caught up with one of the owners of two former

care homes. And the mother who was told to make her own arrangements to

get her injured son to hospital 170 miles away. Russian investigators

say they've found what appears to be hard drugs on board the Greenpeace

ship seized during a protest in the Arctic last month. Investigators

claimed charges against some of the detainees might change in the light

of evidence gathered from the ship. Six Britons, including three from

Devon, are being held on suspicion of piracy after activists attempted

to scale a Russian oil rig. Greenpeace described the suggestion

of illegal drugs being found as "a smear". Meanwhile Foreign Office

officials have discussed their detention with the Russian

ambassador in the UK. The BBC has tracked down one of the owners of

two Plymouth care homes which were effectively closed down by the

authorities. An Inside Out South West investigation found that South

View and Park View failed to meet a number of Care Quality Commission

standards. The homes were owned by Nick and Anna Chapman. But Mrs

Chapman refused to comment on why the homes were run so badly, when we

caught up with her this morning. Sam Smith reports. Anna Chapman, I am

from the BBC. I am here on behalf of your former residents and staff.

Anna Chapman arrives back home at her luxury home. It is very

different to the care homes in different to the care homes in

Plymouth she ran with her husband. Sell to view and Park View were

effectively closed by the council after failing to meet a number of

essential standards. Former staff showed Inside Out South West stained

bents and told how residents had been unable to take a bath because

there was no hot water. It was claimed that residents complained

about the carer. We repeatedly asked the Chapmans for their side of the

story but got no response. It. Get out of my way! I am here on behalf

of former residents and staff. You have no reason to speak to me.

You're not denying yourself any comforts here, you denied those to

your residence. No shortage of heated water for the Chapmans, a hot

tub in the grounds. Anna Chapman is the director of the company which

ran the care homes. Mr Chapman is the former assistant director of

care for older people at Devon County Council. These two former

staff members are still awaiting compensation that they were awarded

from the Chapmans company for unfair dismissal. According to the CQC,

food suppliers, tradesmen and the gas company are also owed money. The

parents of an injured baby say they had to make their own arrangements

to get him to a specialist burns unit. Twenty—two—month—old Corey

Duffield, who was badly scalded in an accident at home, was taken to

the hospital in Truro by ambulance. Doctors there asked his parents, who

don't drive, to arrange the 170 mile trip to Frenchay hospital in

Bristol. The Royal Cornwall Hospitals Trust say such requests

are part of an agreed protocol. You may find some pictures in David

George's report distressing. Toddler Corey Duffield will be two next

month. He has recovered well from the scalding accident which happened

three weeks ago when he pulled over at hand of boiling potatoes. I did

not see, but I think he has tried to stir it and brought it on to

himself. A paramedic was sent in an search of an emergency call and the

baby was given morphine and taken to the Royal Cornwall Hospital by

emergency ambulance. His head and neck were badly scalded. These

pictures were taken by his parents. They were asked to make their own

arrangements to take him to a special burns unit in Bristol. As he

was given morphine, he should have been monitored in an ambulance. We

were in the back of a car and he had open wounds. Looking back, I think

it was crazy to expect us in that state and Cory as well, he was in

pain and had had a horrible trauma, to expect him to sit in a car for

hours ——: Smith. The hospital said his condition was fully assessed by

the emergency department doctor and our records show he was not

displaying any signs of undue pain or distress. In line with protocols

agreed with the team at Frenchay Hospital it was considered

appropriate for him to travel by car. At his parents raised any

concerns about the difficulty of getting to Bristol, we would have

organised transport. His parents say they told hospital staff they could

not drive and they did not ask for an ambulance because they were upset

and distressed and believed they had no choice. A project being piloted

in the South West is cutting crime and ensuring people with mental

health problems get the treatment they need. The Liaison and Diversion

scheme involves psychiatric nurses who are based in police stations. In

Cornwall, the service has dramatically reduced reoffending.

Here's our Health Correspondent Sally Mountjoy. James has had a

mental health problems for years. This summer, deeply depressed, he

reached a crisis. I barricaded myself in my bungalow. Put petrol

over myself. I set alight to the bungalow. He was arrested, but in

court his luck changed. He met Jim Beresford, and nurse with the

Liaison and Diversion Scheme and he assessed him, spoke up for him in

court and helped avoid a prison sentence and ensured he got the

medication and support he needed. I went from despair and not seem like

at the end of the tunnel to basically, when I met Jim,

everything every —— ever thing turned around. Research showed that

25% of people coming into police custody centres in Cornwall and 40%

of those in regular contact with the police were known to have a history

of mental illness. For many, the criminal justice system was the

wrong place. Inspector Mark Bolt who is based in Camborne helped set up

the pilot scheme one year ago. As well as two psychiatric nurses,

three are now based in police stations across Cornwall. When

officers in custody centres or the community think someone is mentally

unwell, they are referred for assessment. The neighbourhood teams

can refer people in. If they commit an offence or are suspected of an

offence, officers can refer them to the team and see if their behaviour

is due to mental illness and if it is, the team can offer them support

and hopefully, that support will make them better so they will not

commit further offences. The service has reduced crime and saved police

time. Pilot schemes also operate in Dorset and Somerset and from last

month, in Devon. Those involved want government funding to continue the

scheme which improves individual lives and is good for society. The

community at large benefit from someone whose circumstances are

stabilised under social circumstances are stabilised, they

are less likely to offend. Therefore, they will not come to the

attention of police. I am lucky. But, better late than never. People

are getting wise to everything. And I am a good example of someone who

has got the help that they needed, because I would not have got it in

prison. Plymouth Argyle bowed out of the Football League Trophy last

night when they were beaten 2—1 at Swindon Town in the second round.

The Pilgrims actually led through Andre Blackman's first goal for the

club after only seven minutes. But the Wiltshire team responded soon

after and won the tie just after half—time with a second goal. It's

now five league and cup games without a win for John Sheridan's

side. Exmouth—based Olympic sailors Stevie Morrison and Ben Rhodes may

have announced they're to go their separate ways, but thoughts now turn

to their future. Will the former 49'er skiff world champions stay in

the sport? Both of them are with us this evening in the studio to tell

us more. Welcome to the programme. Why the decision at this point to go

your separate ways? Ultimately we are in our results based business.

We have looked at our results. We have had some real highs in our

career, but we have perhaps plateaued a little bit. We have

looked down several avenues to improve ourselves, but it has not

quite happened. We have been doing it a long time. It is probably time

to move on. Looking back on your career, what are the highlights? It

was incredible. We had minimal backing at that point. That was our

springboard. That was amazing. The sport of sailing is on a high after

the Olympics, then with the success of Ben Ainslie in the America's

Cup. What does the future hold for you? Obviously the America's Cup

captured the imagination and made sailing more understandable but the

amazing broadcast that happened. We were lucky to have someone like Ben

Ainslie. He has spearheaded sailing around the country and around the

world. The America's Cup, it originally started out in Britain,

unfortunately we lost that first race, and we have never won it back.

Right now, we have an unbelievable wealth of talent in the country and

if Ben Ainslie can drum up that financial interest that ultimately

you need, then it would be amazing. Unfortunately, the sport is moving

towards a high—performance end which is were we come from, so less of the

slow boats and more of the faster spectacular boats, which is the pace

we are used to working out. Thank you. Good luck. Let us take a look

at the weather. Good evening. We have had a drop in

the temperatures and it has felt colder and some of us have not got

any higher than 12 degrees. A cold day in store tomorrow. It will be

breezy and there will be some sunshine off and on and we will need

to wrap up warm. It is much more autumnal and that change is here to

stay. Quite a lot of cloud on the satellite picture. It is big enough

to give us some outbreaks of rain this evening. Not a huge amount of

wet weather, but it does herald a change later this evening. A cold

night as the weather systems move out of the way and the high—pressure

sits to the west of Ireland, northerly winds, giving us lower

temperatures and it will feel chilly tomorrow morning with overnight

temperatures well into single figures. By the time we get to

Thursday and Friday, there is a subtle change, with this

low—pressure drink —— dragging in an easterly flow. There will be less

cold air and there will be showers. There is that satellite picture, a

fine line of blue across the Bristol Channel. That is the second in a

line of showers and that will have the clear air behind it. Overnight

figures could be as low as four or five degrees. That is a lot colder

than it has been, the coldest nights so far this autumn and the winds are

brisk and will remain from the North West slowly clearing northerly.

There are the temperatures. Tomorrow morning, apart from a few showers in

the Isles of Scilly, it will be a good day with plenty of sunshine,

the sunshine giving us some decent lengthy spells and also giving us

very good visibility. Lovely clear air coming from the Arctic.

Excellent visibility, the risk of a few showers, but it is cold, 12 or

13 degrees will be the maximum temperature. For the Isles of

Scilly, breezy and cold day, a higher risk of showers. Times of

high water. For surfers... Coastal waters forecast... Freddie's

forecast is similar, a bit less cold, early in the day, there may be

some patchy rain —— Friday. Into the weekend, it remains cooler and also

more unsubtle. Have a good evening. That is the news and weather for now

—— unsettled. From everyone here, have a very good night.