A perplexed farmer believes all landowners will need to “turn a blind eye” to trespassers after his wife was convicted for threatening two Scouts who strayed onto their land.
Huw and Ruth Rowlands say their case shows that farmers risk being criminalised if they intercept people found wandering on private land.
Mrs Rowlands was ordered to pay fines and costs of almost £1,000 after she led two Scouts to safety in an encounter which, according to police, left the youngsters “traumatised”.
The couple accused the Scouts Association of failing to ensure the safety of youngsters by not equipping them with proper map reading skills and emergency mobile phones.
They spoke out after a Ruthin coroner criticised the organisation for putting the lives of young people at risk following the death of Scout Ben Leonard, 16, who fell from cliffs on the Great Orme, Llandudno.
Mr Rowlands, 51, has now stopped accepting educational visits on his farm despite hosting 74 incident-free trips over the years.
“We enjoyed hosting the trips but the rewards are now outweighed by the risks of being prosecuted,” he said.
Last year the couple led two 12-year-old girls to safety when they were discovered wandering towards a peat bog on their beef farm in Mickle Trafford, near Chester.
On the same day six other groups of lost youngsters were also seen roaming across the farm.
All were participating in a mass annual hike organised by Cheshire Scouts.
Concerned about the number of youngsters getting lost on potentially dangerous terrain, Mrs Rowlands later issued a safeguarding alert to the Scouts Association.
Two months later she was arrested by Cheshire Police and last week, at Chester Magistrates, she was found guilty of using threatening and abusive language with intent to cause alarm and distress.
The court heard the two girls, from Ellesmere Port, were greeted by “screams of abuse” from Mrs Rowlands, who told them they were trespassing and threatened to fetch her gun.
Mrs Rowlands is also reported to have repeatedly sworn at the girls.
She is said to have told them it was a “good job they were wearing bright clothes” as they would be easier to find after they had been “squashed by cattle”.
She was found guilty, fined £180 and ordered to pay £430 costs, plus compensation.
After the case, PC Robert Boulton of Cheshire Police said: “Both of the girls were left traumatised and physically shaken as a result of what she said.”
Mrs Rowlands strongly disputes the allegations and her husband, who was with his wife at the time of the incident, said she had merely ticked them off for putting themselves in danger.
He denied she had done so excessively.
“Yes, we did swear, but only at each other and only because it was making us late with the cattle,” said Mr Rowlands.
“The two girls were not only in danger of being seriously injured by cattle, they were also making their way towards a peat bog – they were a mile from the public footpath on which they should have been walking.
“We took them to a safe point on the main A56 and my wife arranged for Scout leaders to collect them. The girls had a mobile phone which they did not know how to use.
“Ruth explained to the girls how they had endangered themselves.”
According to Mr Rowlands, he was later contacted by hike organisers who wanted the couple’s help finding more groups of lost Scouts.
By that time the couple claimed they had already seen or encountered “at least six groups” of Scouts on their land, well away from footpaths.
“They entered our land by climbing fences, walking through a neighbour’s newly sown crops, crossing watercourses and, in at least one instance, walking over the busy Chester-Manchester railway line,” said Mr Rowlands.
“Electric fences were broken, resulting in the escape of some of our cattle. A group of bulls were also mixed with a group of cows and calves.”
Mr Rowlands alleged the Scouts were using inappropriate maps and had not been properly trained to use them. Some Scouts, he claimed, had obsolete mobile phones.
He said the implications of his wife’s conviction were “dire” for landowners and farmers.
“Anyone who upsets a trespasser on their own land now risks being criminalised and severely financially penalised,” he said.
“Public footpaths no longer matter since the court has decided it is acceptable to “wander” a mile away from a legally designated right of way.
“After the case we were advised that, if this was to happen again, we should turn a blind eye to trespassers, as our duty of care only starts if we see them.”
In response to Mr Rowland’s allegations, the Scouts Association said the safety of young people in its care was its “number one priority”.
A spokesman added: “We have clear processes in place before any Scouts take part in activities to ensure the safety of those involved.
“We are pleased the court case has been concluded.”
According to the Cheshire Hike website, this year’s event has been revamped with new age sections and bigger team sizes.
