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A DOG lover from Forres who claims his pets died as a result of negligence has vowed to continue fighting to get Moray Council to stop using the herbicide he believes killed them.
Last summer, Lea Road resident Rinaldo Coluccia’s German Shepherd Honey died after ingesting Glyphosate used by the local authority to destroy Giant Hogweed beside ‘the walkies’ path by the A96, months after the similar death of his Chihuahua-Jack Russell cross Sweetie also due to kidney failure.
Mr Coluccia explained he is keen to ensure that no one else has to go through what he has in losing such “wonderful, lovely and beautiful friends.”
Mr Coluccia said: “I was very close to my dogs. Their death was so unnecessary and is still something I am struggling to come to terms with.”
The council’s risk assessment states that warnings should be given to the public where areas have recently been sprayed.
However, it appears that these control measures were not applied in practice at the walkies.
Mr Coluccia claims there were no warning notices in the area on May 12, 2022 when Honey ate contaminated grass or plants which, over the next few weeks, caused deterioration in her kidney function and continued weight loss.
Sadly, she had to be put to sleep on June 19, 2022.
Mr Coluccia complained to the council, providing evidence from a local vet as to the cause of Honey’s illness and death. His claim was limited to veterinary bills and cremation costs of around £900.
Grigor and Young Solicitors agreed to help, firstly intimating a formal claim to the council for compensation. When liability was denied, they raised an action against the local authority at Elgin Sheriff Court.
The council did not defend it and the Sheriff granted decree on June 9, 2023 in respect of the full sum claimed, interest and court expenses/costs.
Mr Coluccia accordingly received payment of these claimable losses in full.
A local authority spokesperson said: “Our insurer reviewed the claim and the evidence, and while our insurer did not find us liable, we decided to settle the case without an admission of liability to avoid prolonged legal proceedings. The decision was in the best interest of all parties.”
Moray Council continues to use Glyphosate-based herbicides to control weeds in parks and open spaces.
“Glyphosate is a legally-approved non-selective systemic weed killer,” explained the spokesperson. “It is currently the most cost effective and efficient method. Our trained operators are directed by herbicide product labels and directions for use in open spaces.”
On February 7, 2023, the council’s Economic Development and Infrastructure Services Committee agreed to reduce the use of glyphosate-based weed killers used in open spaces, and to “accept and tolerate” a greater presence of weeds and longer vegetation in the environment.
The spokesperson said: “We are reducing our use of herbicides to control weeds/vegetation around tree bases and obstacles in areas where grass is cut, e.g. around drain covers, signs, and benches. Instead we will strim these areas on a limited number of occasions during the growing season.
“We have also reduced the use of herbicide by mulching shrub beds to suppress weed growth.”
Mr Coluccia’s solicitor, Peter Brash, said: “In reply to the council spokesman’s apparent comment that payment was made “without admission of liability”, we do not accept that to be the case. It is correct to say that the council’s insurers offered to reach a settlement without admission of liability but that was not accepted. Had that offer been accepted, the insurers would only have paid the value of Mr Coluccia’s claim, without any interest or legal expenses. As it was, the council – for whatever reason – decided not to defend the court action and so the court granted a decree against the council. I would consider that to be a clear admission of liability on the part of the council. The fact is that Mr Coluccia felt so strongly about this matter that there was no way he would have been prepared to settle his claim without an admission of liability. So he proceeded with the court action and established liability by the fact that the council did not defend the action – with the council’s insurers ultimately paying the value of the claim, plus judicial interest, plus court expenses/costs.”
Mr Brash believes that the justification for making the claim lay in the apparent fact that the council did not follow the recommendations of their own risk assessments.
He said: “Although we cannot say for sure what the present practice of the council is in these matters, if they persist in not following their own risk assessment to the effect that warnings should be given to the public where areas have recently been sprayed then it would appear that members of the public and their pets are still being exposed to danger of contamination.”
He added: “It would mean, for example, that pet owners would be well-advised to keep animals (and humans) away from obvious weed killing targets such as Giant Hogweed as you cannot be sure that there has not been recent spraying by the council.”
Mr Coluccia feels disgusted by Moray Council’s actions over the course of more than a year since he made his initial complaint.
He said: “There is still no obvious notice sign when council employees are killing weeds – nearly a year-and-a-half after my first complaint. Brightly coloured signs including dates, times, descriptions of actions and signed by the council should be left explaining upcoming action a week before work starts and left in plain sight during jobs. “They must stop spraying toxic herbicide which kills everything in the vicinity. Natural gas – nitrogen – or carbon soda can be used to kill weeds – there are a myriad of methods! In Spain for example, the local authorities pin the stem of weeds with poison.”
He finished: “The council has given the finger to me, my dogs and the people of Moray. They’ve said nothing new and showed utter ignorance. If they aren’t liable then why did they pay for my dog’s medical bills?
“I am very disappointed by the council’s reaction which is just an excuse to save face and skin. I will fight until the day I die to get them to stop using herbicide. I will take it as far as possible.”
Mr Coluccia has started a petition calling for Moray Council to stop using Glyphosate. It can be signed at https://www.surveymonkey.co.uk/r/7dzr5h2
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