Saturday, 25 May 2013

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Mum and daughter ‘still fed birds after council order’, Carlisle court told

Day two of an appeal by two women against their conviction for breaching an order not to feed pigeons has heard evidence from neighbours who claim that they carried on feeding the birds after the order had been served.

Monica and Janet McIntosh photo
Monica and Janet McIntosh

Related: Cumbrian pair fight conviction for feeding wild pigeons

Monica and Janet McIntosh, of Broadacres, High Harrington, near Workington, are appealing their conviction and sentence for breaching an abatement order to stop leaving food out for birds, served on them by Allerdale council at the end of June last year.

The pair were found guilty of breaching the order at West Cumbria Magistrates’ Court in December and were fined £500 each.

Carlisle Crown Court heard evidence from David Ellison and Arthur McCullough yesterday who live either side of the McIntosh’s property.

The court was shown video footage taken by Mr Ellison on July 21 which showed hundreds of pigeons on the roof of the McIntosh’s property, constantly swooping down into their garden and around 40 pigeons all fighting to get at food on a bird table in the McIntosh’s garden.

Mr Ellison told the court the video had been made on that day because the McIntoshes were out of the house.

Mr Ellison said the problems with pigeons had started in 2006 when they also had problems with rodents and contacted pest control who dealt with the rats but said they could not do anything about the pigeons.

Mr Ellison said: “It is the sheer volume of the pigeons flying over your property all the time. The video does not give a full indication of the noise when they take off.”

He said there could be up to 600 birds flying over his property and that they come to the McIntoshes several times a day to feed.

He said he cannot hang washing outside and can get no pleasure in sitting in his garden because of the pigeons.

He said in the period in question, between July and August 2011, the pigeons were coming to the McIntosh’s garden daily from 6am to as late as 8.30pm and at many intervals throughout the day. He said that it had continued in the same way since then. He added: “Obviously they are coming for food, there can be no other attraction for them. If they weren’t getting fed they wouldn’t come.”

Mr Clarke, representing Monica McIntosh, disputed this saying that the pigeons could have continued to visit the property due to the expectation that food would be there even if it was no longer being put out.

Photographs taken by Mr Ellison between July 7 and 27 were shown as evidence.

Mr McCullough’s evidence will continue tomorrow when Janet and Monica McIntosh are also expected to give evidence.

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