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7 months ago
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A horse whisperer and his wife are locked in a £300,000 bitter feud with their neighbours over a tiny piece of sloping land.
David Catchpole, 63, and his wife Sally, 66, have been rowing for eight years with Steven Sammut, 56, and his wife Sandra, 54, about who owns the area between their rural homes' two gates in leafy Surrey.
In 2018 the Catchpoles won a civil case at Winchester County Court, which ruled the Sammuts had no right to prevent them using the land.
The Sammuts were ordered to pay £65,99.86 costs to the Catchpoles, which rose to over £122,000 when they lost an appeal to the High Court. The Catchpoles have had to spend around £140,000 in legal fees.
The Sammuts have now brought a criminal private prosecution against their neighbours in which they have accused the Catchpoles of lying during the civil case.
David Catchpole, 63, and his wife Sally, 66, (pictured outside Guildford Crown Court) have been locked in a bitter land dispute with their neighbours in Churt, Surrey, for eight years
Steven Sammut, 56, and his wife Sandra, 54, (pictured) have now brought a criminal private prosecution against the Catchpoles
The feud is over a tiny patch of sloping land situated between the two homes which provides access from the public road
The patch of sloping land provides access from the public road to a large side gate on the Catchpoles' property.
It is adjacent to the Sammuts gate in a part of Surrey where properties routinely sell for over one million pounds.
The Catchpoles arrived on bail at Guildford Crown Court yesterday and have had to instruct a barrister for the new case.
The Catchpoles, of Glenhead Farm, Hyde Lane, Churt, Farnham are both charged with wilfully making false statements in judicial proceedings on March 12 and 13, 2018.
They are also both charged with obstructing the course of public justice on or about June 1, 2020 by providing false and misleading information regarding their property boundaries to Aldershot and Farnham County Court.
The couple are also jointly charged with the theft of a telegraph pole belonging to the Sammuts between July 1 and July 31, 2020.
It is believed the Sammuts, of Hyde Hill Farm, Hyde Lane, Churt, Farnham placed the pole across the disputed land to designate their boundary.
David Catchpole is the boss of Horse Wyse and provides £100 per hour lessons and clinics to equine owners.
The couple use the gate next to the disputed land to provide additional access for horse and sheep to their farm.
In 2018 the Catchpoles won a civil case at Winchester County Court, which ruled the Sammuts (pictured) had no right to prevent them using the land
The Catchpoles, of Glenhead Farm, Hyde Lane, Churt, Farnham (pictured) are both charged with wilfully making false statements in judicial proceedings
Mr Catchpole is the boss of Horse Wyse and provides £100 per hour lessons and clinics to equine owners
Steven Sammut, who studied classical guitar at London's Trinity College of Music, is the CEO and founder of Aldershot's Rock and Pop Foundation.
After bringing the private prosecution it took over a year to bring the Catchpoles to Guildford Magistrates' Court, where they appeared for the first time last month.
Mr Sammut told the court yesterday: 'This case has been going on for eight years and since the last magistrates' court appearance I have had two heart attacks.
'It has taken fifteen months just to get here, fifteen months of interest charges between us. These delays are costing us dearly.'
The Sammuts have applied to the Crown Prosecution Service (CPS) to take over and finance the case.
The hearing was adjourned to May 28 for the CPS's decision.
How do private prosecutions work?
A private prosecution is launched by someone who doesn’t act on behalf of the police or a prosecuting authority such as the Crown Prosecution Service.
They are for the most part limited to wealthier individuals who can afford to embark on such an expensive venture.
They are expensive, difficult to organise and involve producing a high level of proof to persuade a court that an accused can be found guilty beyond reasonable doubt.
According to the Ministry of Justice's legal aid statistics, the average cost for a private prosecution is about £8,500.
An official application for summons or a warrant form must be completed and sent to the court office.
A judge, magistrate, or legal adviser will determine whether to grant the application based on the information provided.
If any relevant information is not disclosed or it is inaccurate it could result in the application being refused or the case being thrown out later on.
Source: gov.uk
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