Geroni-NO! Alpaca at the centre of four-year battle will be killed after his owner loses High Court bid to halt execution warrant over his bovine TB

  • Helen Macdonald, 48, lost a last-ditch bid to save her £15,000 alpaca Geromino
  • Geromino twice tested positive for bovine TB at her Gloucestershire farm in 2017
  • He was ordered to be killed but the veterinary nurse began a legal battle in 2018  
  • She argued Defra is 'relying doggedly on flawed science' but lost her bid in 2019
  • Her latest appeal was now rejected and the execution warrant is set for August 5

A beloved £15,000 alpaca is set to be killed after a farmer lost a last-ditch High Court bid to save the animal, who was sentenced to die for contracting bovine TB four years ago.

Helen Macdonald's alpaca Geronimo was ordered to be slaughtered after twice testing positive for bovine tuberculosis (bTb) at her Wickwar, Gloucestershire, farm in 2017.

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She has always disputed the original test result - claiming The Department for the Environment, Food and Rural Affairs (Defra) is 'relying doggedly on flawed science'.

The experienced alpaca breeder, 48, began a legal battle against the Department for Environment, Food and Rural Affairs (Defra) in 2018 in an attempt to save her 'very valuable' stud alpaca.

Helen Macdonald's alpaca Geronimo (both pictured) was ordered to be slaughtered after twice testing positive for bovine tuberculosis (bTb) at her Wickwar, Gloucestershire, farm in 2017
She has always disputed Geromino's (pictured) original test result - claiming The Department for the Environment, Food and Rural Affairs (Defra) is 'relying doggedly on flawed science'

She lost her original High Court bid in 2019 and a district judge signed an 'execution warrant' in May this year allowing the Animal and Plant Health Agency (APHA) to seize Geronimo.

On Thursday, the veterinary nurse brought a last-ditch appeal against the warrant to the High Court, arguing that the district judge had made an error. 

Despite her plea that Geronimo should be given a third bTB test, Mr Justice Griffiths rejected her appeal and set the second execution warrant for August 5.

She previously argued there was 'overwhelming evidence' which demonstrated that the alpaca was not infected, and said the original test results were 'not reliable'.

In the latest appeal, her barrister Cathryn McGahey QC, said there was 'good reason to believe that Geronimo does not have bTB' and said the alpaca had shown 'not a whisker of symptoms' since the two positive tests in 2017.

She added: 'Our position is two years down the line it is right for the court to take another look.' 

Miss Macdonald (pictured) lost her legal battle in 2019 and on Thursday, she brought an appeal against the warrant to the High Court, arguing that the district judge had made an error
Despite her plea that Geronimo should be given a third bTB test, Mr Justice Griffiths rejected her appeal and set the second execution warrant for August 5. Pictured: Helen Macdonald

The barrister said the postive test results were skewed after he had several, but less accurate, skin tests for bTB, which she compared to the 'bovine equivalent of a lateral flow test'.

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Ms Macdonald believes the Geronimo's test came back with a false positive because he had been injected with tuberculin as part of the skin tests.

The farmer told the High Court that as bTB progressed swiftly and Geronimo had not shown symptoms, he should have another test. 

The four-year legal battle to save death-row alpaca Geronimo

August 2017 -  Geronimo first tests positive for bovine tuberculosis at Helen Macdonald's Wickwar, Gloucestershire, farm

November 2017 - Another test confirms Geronimo's diagnosis and Defra orders his culling. But Ms Macdonald refuses

July 2018 - Then-farming minister George Eustice writes to Miss Macdonald to say he had 'reluctantly concluded that the decision to slaughter Geronimo compulsorily must stand' 

July 2018 - Defra lawyers write to Ms Macdonald warning they will take her to court to get a warrant to go to her farm and kill the animal

He added: 'It is the right decision in terms of the Government's responsibility for controlling this terrible disease'

August 2018 - Ms Macdonald accuses officials of mounting a campaign of 'bullying and intimidation' that has left her suffering anxiety

August 2018 - Ms Macdonald sends Defra a legal letter setting out how she would launch a judicial review unless the alpaca is re-tested

August 2018 - That same month, Mr Eustice refuses another test, saying to Ms Macdonald: 'The evidence that he is infected is substantial'

March 2019 - Ms Macdonald took the third test issue to court

July 2019 - Ms Macdonald loses her bid for further testing. Mr Justice Murray ruled there was no 'compelling evidence' that the decision not to re-test Geronimo was unlawful

July 2019 - That same month, Ms Macdonald announces she will go to the Court of Appeal in a bid to overturn the death sentence - but she does not yet have confirmation that Geronimo won't be killed before a hearing date is set

January 2020 -  Ms Macdonald writes to Environment Secretary Theresa Villiers.

She states: 'I have written to Theresa Villiers asking her to review Geronimo's case and to consent to a meeting with me as a matter of urgency.

'We hope that, unlike her predecessor, Ms Villiers will accept that there is no scientific foundation for suspecting bTB in our perfectly healthy boy, whose excellent health an expert camelid vet confirmed following a full non-invasive clinical examination of Geronimo just last month.'

She was able to crowdfund £10,000 in legal fees to fund her High Court bid.

December 2020 - The Animal and Plant Health Agency (APHA) applies to Bristol Magistrates Court for a warrant to gain entry to slaughter Geronimo

June 2021 - The APHA are granted a warrant of entry to slaughter Geronimo from June 29 - for 30 days.

Ms Macdonald seeks to appeal the Magistrate Court’s decision and - on June 18 - both parties were informed that the High Court appeal will go ahead

July 2021 - Ms Macdonald takes out an emergency injunction to prevent Geronimo from being killed before the appeal hearing on July 29

July 29 - High Court rejects her appeal and says said the judge who had signed the warrant was correct. The judge agreed to delay the start of the second execution warrant until August 5 to allow Miss Macdonald to have Geronimo euthanised.

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Animals such as alpacas, camels and llamas cannot be tested for bTB without Defra's permission - which the department have refused give to Miss Macdonald.

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Ned Westaway, for APHA which is part of Defra, said that it was unusual to have two tests and that a third test would be 'futile' and open 'floodgates' for other owners.

'The disease can take years to progress and it is on that basis that we maintain our suspicion that Geronimo has bTB,' Mr Westaway said.

Defra fears the disease could be passed to animals or humans and previously ordered the farmer to isolate Geronimo in a specially constructed solo pen.

In his judgment on Thursday, Mr Justice Griffiths rejected the appeal and said the judge who had signed the warrant was correct.

He explained: 'The judge recognised how sad it is for Miss Macdonald that her alpaca, having being diagnosed with the bacteria... will now be taken from her and put down.

'He said he had a great degree of sympathy for her... perhaps no-one would not feel sorry for Miss Macdonald and Geronimo.

'This is not a case in which the wishes and feelings of Miss Macdonald can be paramount.'

The judge stressed the needed to protect against the 'serious consequences' of bTB.

Mr Justice Griffiths agreed to delay the start of the second execution warrant until August 5 to allow Miss Macdonald to have Geronimo euthanised.

The High Court ruled in June 2019 that the then-six-year-old animal should be put down. 

But Ms Macdonald disputed their ruling, claiming Geronimo had not displayed any 'clinical signs' of bTB in two years.

One month later, she announced she was set to appeal - giving her much-loved pet a stay of execution.

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But, in December 2020, the Animal and Plant Health Agency (APHA) applied to Bristol Magistrates Court for a warrant to gain entry to slaughter Geronimo before the appeal date was set.

Ms Macdonald was forced to take out an emergency injunction to prevent Geronimo from being killed before the appeal could be concluded.

Geronimo tested positive as part of a national surveillance scheme to check for bovine TB at Ms Macdonald's farm in August 2017.

Another test in November confirmed that Geronimo contracted the disease.

Since the first test, Ms Macdonald has not been able to trade livestock or receive income from it due to Government restrictions.

She uses her herd to make luxury products including scarves and pashminas at her farm.

The Environment Secretary can order the slaughter of a herd of alpacas if there is a suspected outbreak of the disease.

Regular testing of the animals is not mandatory. Tests cannot be carried out without permission from the Defra's secretary.

After announcing her appeal in 2019, Ms Macdonald said in a statement: 'Unless the Court's decision is successfully appealed, Geronimo will soon be slaughtered. 

'We believe that, apart from the two highly questionable test results (based on tests prior to which Geronimo was primed multiple times with tuberculin), all of the evidence indicates that Geronimo is not infected with bTB.'

Ms Macdonald believes the first test came back with a false positive because he had been injected with tuberculin as part of skin tests conducted just before he left New Zealand.

The second test came weeks after he was given another dose of the drug.

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Her previous statement added: 'It is part of my duty of care as an owner and my right to expect fair treatment from my government that Geronimo is tested correctly.

'I am also deeply concerned that the High Court's decision may have very negative implications for the voluntary surveillance testing of camelids for bTB in this country.'

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