A 52-year-old Carnarvon man has been fined and prohibited from being in charge of an animal for three years after leaving his three-year-old brindle Staffy to suffer the effects of late-stage tetanus without treatment.
He was fined $6,500 in total - $3,000 for animal cruelty, $2,000 for failing to comply with a written direction issued by an RSPCA WA inspector, and $1,500 for obstructing a Shire of Carnarvon ranger who was assisting an RSPCA WA inspector. He was also ordered to pay $1919.03 in care and legal costs.
Carnarvon Magistrates Court heard on Monday that two RSPCA WA inspectors went to the offender's Greys Plain home in September last year after receiving a report about a dog whose face was "very stiff "and whose skin felt "as if it's mummifying from the inside out".
The inspectors saw that the dog, named Girl, appeared to have a permanent smile with her teeth showing, chronically thickened ears and thick, hard skin on her face, was squinting, and had wounds on her back leg.
An inspector told the offender that Girl was in pain and suffering, and she had concerns that the dog couldn't eat properly because she couldn't open her mouth. She offered for Girl to be surrendered but the offender declined. He said Girl wasn't suffering because she still "smiles" and she needed to pass away at home in her own time; he did not want her euthanised.
Late that day, the offender agreed to let the inspectors take Girl to a local vet clinic. An examination revealed she was likely suffering from tetanus caused by an untreated skin wound. The vet stated the disease had progressed to a stage where treatment would be unsuccessful and raised concerns the condition was affecting Girl's facial muscles, compromising her ability to eat and breathe. Euthanasia was recommended due to Girl's guarded prognosis and ongoing welfare concerns.
An RSPCA WA inspector told the offender Girl would likely suffocate or starve due to increasing muscle rigidity if she was not euthanised. The accused was issued with a written direction to seek veterinary treatment and comply with all veterinary advice, but he refused to comply.
Girl was subsequently seized at which time the offender threatened a Shire of Carnarvon Ranger saying he would firebomb and throw bricks at his vehicle.
The vet who had seen Girl earlier confirmed she was suffering from late-stage tetanus, with severe muscle rigidity affecting her face and entire body. Her mouth could only be opened to approximately three centimetres. Girl was humanely euthanised later that day pursuant to the Animal Welfare Act 2002.
In sentencing, Magistrate Ruth Dineen said it was "an inappropriate way, as a responsible owner, to manage an animal when it is suffering from a disease [which] causes and inflicts so much pain and suffering. The needs of an animal must be put above the wants of the owners. Under no circumstances ought an animal be left to suffer."
RSPCA WA Inspector Manager Kylie Green said refusing to euthanise an animal who was clearly suffering was an act of cruelty and the law agreed.
"I've heard it all – owners who think it's noble to let pets die 'in their own time', those who profess to 'love them too much' to end their suffering, and those who think it's a badge of honour to keep a clearly suffering pet alive for as many days or weeks as possible despite the agony they are in," she said.
Our animals rely on us for everything and that includes having the maturity and decency to put their welfare first."
The maximum penalty for animal cruelty is a $50,000 fine and up to five years' imprisonment. The maximum penalty for failing to comply with a written direction, and for obstruction, is a $20,000 fine and up to one year's imprisonment.
RSPCA WA relies on the community to report suspected animal cruelty and neglect. Reports can be made to 1300 CRUELTY (1300 278 358) or online at rspcawa.org.au.
