FARMER Lance Beale denied putting a live sheep on top of dead sheep which were piled on a trailer.

Beale, 53, of Wyatt's Lake Farm, Westbrook, near Bromham, was giving evidence at his trial at Kennet Magistrates Court, Devizes, on Monday.

Beale denies 19 charges brought by Wiltshire County Council's trading standards. Fifteen of the charges allege that Beale caused unnecessary suffering to sheep and lambs. Four changes relate to failing to dispose of sheep carcasses without undue delay.

Beale explained that of the 20 sheep carcasses on the trailer he had found several animals dead on his farm and he had shot about six.

Beale said when he put the sheep on to the trailer he believed every one of them was dead.

He said he was surprised when told that there was a live sheep on top of the carcasses. "I was very unhappy that it had happened. I have no answer as to how it got there," he said.

Beale was asked by defending counsel Jonathan Rich if it was possible that one of the sheep he put on the trailer was alive.

Beale, who now farms pigs and chickens, replied: "For me it's impossible but the fact is it's there."

He was asked how he felt when he saw the live animal on video footage shot by trading standards animal health inspector Louise Tovey.

"It's appalling, but having said that it may be that it isn't suffering. It has signs of life, but no joke," he said.

The sheep was put down by Ministry of Agriculture vet Ralph Drouin.

Mr Drouin and Mrs Tovey had visited Beale's farm on four occasions because of concerns they had that some of his sheep and lambs were emaciated and lame before they discovered the trailer of carcasses and one live sheep on January 25 2001.

Mrs Tovey had earlier told the court that she smelt rotting flesh from 300 metres away and found the trailer.

Beale dismissed her claim and said: "If that smell was there I and my neighbour would have smelt it and walkers would have smelt it."

He said he had been unable to move the trailer to a burial site he had dug on his farm because it was stuck in mud.

About 70 lambs were treated for footrot, which causes lameness, by Mr Drouin and Beale between January 17 and 19 and two lambs were put down.

Seven of the charges relate to the alleged condition of sheep and lambs on January 17, 19 and 25 2001 while eight charges are of causing unnecessary suffering to various sheep and lambs on November 20 2000 by failing to treat or destroy them after they had been severely injured after a dog attack.

Beale denied leaving badly injured sheep at his farm on November 20 2000 while he went off working for the day.

He said: "When I went out into the yard lots and lots of sheep were dead and torn apart, it was a big mess."

He said he had shot several sheep which had severe injuries and denied leaving sheep with serious injuries.

When shown photographs taken by Mrs Tovey of sheep with serious injuries which she had found alive, Beale said: "The injuries are far too severe to miss. Anything with a degree of damage was and would have been destroyed."

The court earlier heard Mrs Tovey tried unsuccessfully to contact Beale and called out a vet to put down the badly injured sheep.

Beale was convicted of an offence under the Protection of Animals Act about ten years ago.

The current case is being heard before District Judge Brian Loosley and is due to finish tomorrow.