A NEW Forest cattle owner faces a big legal bill after losing a second court case on whether he should pay grazing fees for his family's 68 cows.
Bob Cooper, pictured right, now hopes to take his case to the European Court of Human Rights in Strasbourg after losing an appeal against his conviction for not paying the money.
The 70-year-old of Acres Down Farm in Minstead must now pay the £200 fine and £2,500 costs imposed following his first conviction at New Forest Magistrates' Court as well as the undisclosed legal costs from his failed appeal.
Throughout Cooper has insisted that he is exempt from paying the so called "marking fees" to the New Forest Verderers who manage the Forest.
During the appeal at Southampton Crown Court his barrister Malcolm Gibney said that as Cooper lived on the Manor of Minstead he is exempt from these charges because of an historic right granted from before the 17th century.
Consequently he said that Minstead Commoners (owners of animals entitled to be in the Forest) are not subject to the same demand as New Forest Commoners under recent New Forest bylaws.
But Judge John Boggis QC disagreed and upheld Cooper's original conviction.
He said that Cooper's position as a Minstead Commoner made him subject to the terms of the New Forest bylaws. Judge Boggis added: "He clearly falls within paragraph seven of the bylaw rule that is designed to raise funds to allow Agisters (who help manage the Forest) to be appointed."
The judge said that even if there was a "gratuitous right" to graze, that had nothing to do with the working of the New Forest bylaw.
After the case Cooper said: "I am considering an appeal, perhaps even to the European Court of Human Rights in Strasbourg - there is a good rail link from Brockenhurst. I believe that what the King gave to the Manor Commoner has not yet been taken away by any legislation and the court ruling will have to be looked at.
"I will now wait to see a copy of the judgment before deciding what to do next."
Cooper, his wife Annie and their daughter Caroline van der Pauw were last year taken to New Forest Magistrates' Court by the Verderers of the New Forest for failing to pay for the grazing of their 68 Hereford-cross cattle.
The couple were found guilty and fined the maximum of £200 each. In addition, they were ordered to pay a further £2,500 each towards the Verderers' legal costs and ordered to pay £680 compensation in lieu of unpaid marking fees.
Their daughter was given a conditional discharge.
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