A BUILDER'S merchant accused of killing and burying up to 10,000 greyhounds on land behind his home will face court in the new year.

David Smith received death threats this year when he was accused of slaughtering thousands of animals using a bolt gun, then disposing of the carcasses behind his home in Seaham, east Durham.

When the allegations surfaced in July, it was thought that, despite the national outcry, the businessman was likely to escape prosecution.

Mr Smith was questioned by police, but it was confirmed the bolt gun used to kill the retired greyhounds was held legitimately, while inquiries by the RSPCA concluded that there was no indication animal cruelty laws had been broken, because the dogs had been killed humanely.

However, following a six-month investigation, the Environment Agency confirmed yesterday that it was taking out a private prosecution against the father-of-three under regulations usually used to restrict the dumping of waste.

Mr Smith is facing a single charge under the Pollution Prevention and Control (England and Wales) Regulations that, on July 12, he disposed of waste, namely the bodies of deceased dogs, on land without a permit.

The regulations, introduced in 2000 following an EU directive, were designed to reduce or prevent emissions to air, land or water, and a breach of the regulations can result in a heavy fine or even prison.

Mr Smith was initially due to appear before North Dur-ham Magistrates, sitting at Peterlee, on Friday.

However, the case is now expected to be heard next month, on a date yet to be decided.

A spokesman for the Environment Agency yesterday declined to comment on the case ahead of Mr Smith's court appearance.

When the initial allegations against Mr Smith surfaced, they led to a storm of national protest and dragged the greyhound industry into the media spotlight, amid claims that up to 12,000 retired racing dogs were being put down every year across the country