The Port Augusta Magistrates court has heard that a dog found wandering the streets of Port Augusta in early January 2021 had not seen a vet since July 2019, despite being diagnosed with a serious medical condition that needed further exploration and treatment.
At the time of the 19 July 2019 veterinary visit, the dog presented with generalized facial swelling and discharge coming from his nose and eyes. He was diagnosed with a mass pressing up on his trachea and possibly impeding his breathing. The location of the mass indicated it may have been blocking the drainage of sinuses, causing fluid retention and swelling in the dog's face.
Antibiotics were prescribed and the possibility of surgery to remove the mass was discussed with the dog's owner. A follow-up visit was arranged for 31 August 2019, but this was subsequently cancelled by the owner. By the time a Port Augusta council officer found the eight-year-old American Staffordshire Terrier named Chucky wandering at large, the dog was emaciated with a BCS (body condition score) of just 1/9, was struggling to breathe and had pus oozing from his eyes and nose.
The 47-year-old male defendant told the court that the decision not to take Chucky back to the vet to continue treatment of the infection was a financial one, even though he admitted it was obvious the dog was suffering. He said he had been doing the best he could without taking the dog to the vet by cleaning the animal's face with soapy water.
RSPCA SA Chief Vet Dr Brad Ward described Chucky as being in desperately poor condition and said that it had been difficult to open the dog's mouth to examine the oral cavity because of the extreme swelling and inflammation of the animal's tonsils and soft palate.
There was significant purulent discharge coming from the dog's nose, airways and skin sinuses around the eyes. The advanced stage of the disease combined with the dog's respiratory distress and emaciation made euthanasia the only humane option.
Dr Ward said the failure to have Chucky treated for what was a severely debilitating disease had caused the dog significant pain and suffering, and that the seriousness of his condition would have been obvious to anyone who saw him. In court today, Magistrate David McLeod elected not to record a conviction and placed the defendant on a nine-month, $500 good behaviour bond.
RSPCA SA's legal counsel sought a prohibition order, preventing the defendant from acquiring more animals in the future, but His Honour elected not to impose this order. The defendant was ordered to surrender any animals in his care, but the court was told he currently has none. His Honour gave the defendant credit for taking responsibility for his actions at the earliest stage of the process and acknowledged that the defendant had shown genuine remorse for his neglect of the dog.
Man who seriously injured native bird on construction site gets good behaviour bond
A 49-year-old man from Adelaide's north-eastern suburbs charged with intentionally causing harm to a native Australian bird received a $1000 two-year good behaviour bond, without conviction, in the Mount Barker Magistrates Court.
The bird was a Masked Lapwing (also known as a plover), which is a protected species and listed as a vulnerable bird under the National Parks and Wildlife Act 1972 (SA).
The incident occurred on a building site in a new subdivision at Mount Barker. The bird had made a nest on the ground within the site and laid eggs. The construction company was aware of the nest and had been making efforts to ensure workers did not disturb the nesting bird or her eggs.
All contractors entering the site were required to attend the office, sign in and read the Pre-Start Record which informed contractors of any hazards or environmental issues on the site and included information regarding the plover nest. For six weeks there were no issues with the birds.
On 24 August 2021, the defendant attended at the site to remove temporary fencing. As he moved on and off the allotment with fence panels, the plover swooped him. Witnesses observed the defendant pick up a poly pipe and swing it like a tennis racket several times, deliberately aiming at the bird.
The defendant was observed to be angry and determined as he swung the pipe. He made contact with the bird after about six swipes and then continued to strike the bird as it lay injured on the ground, until it ceased moving.
The defendant was charged under SA's Animal Welfare Act with intentionally, unreasonably or recklessly causing the Masked Lapwing unnecessary harm by hitting it mid-air and on the ground with a length of pipe. (The RSPCA was not able to pursue the accused for causing its death as the bird's body could not be located at the scene when Inspectors attended.)
The court was told that the defendant and two other men contracted to remove temporary fencing that day did not present themselves for site induction, as required, which would have informed them to be aware of the bird nest and the control measures for the birds onsite.
In sentencing, Her Honour said - "Animals are helpless, whereas human beings are capable of curtailing their behaviour. Causing unnecessary harm to an animal is not accepted by the community."
Seven upcoming cases in court this month
A female defendant from the northern suburbs is due to face the Elizabeth Magistrates Court on charges relating to an emaciated dog found in squalid conditions and with no access to water, a second dog and a cat, both also being kept in squalid conditions and without access to water, and a guinea pig found confined inside a filthy small cage.
A female defendant from Adelaide's north-eastern suburbs is due to face the Elizabeth Magistrates Court on charges relating to two emaciated dogs seized by RSPCA inspectors in August 2021. Both dogs remain in RSPCA care.
A male defendant from the northern suburbs is due to face the Elizabeth Magistrates Court charged with failing to provide appropriate and adequate food to a dog located in emaciated condition. The dog was seized by RSPCA inspectors in August 2021 and has since been rehomed.
A woman from Adelaide's western suburbs is due to face the Port Adelaide Magistrates Court on 14 charges of ill-treatment of an animal in relation to five dogs, four puppies and two cats. Five of the animals were allegedly found in emaciated condition and all the animals were allegedly being kept in inadequate living conditions, with some having no shelter and others confined to a bathroom.
A trial is scheduled to begin in the Elizabeth Magistrates Court with a female defendant charged with ill-treatment of an animal in relation to a Standardbred horse that was found emaciated and suffering from a chronic and painful medical condition. The horse was euthanased on humane grounds.
A 59-year-old man is due to appear in the Elizabeth Magistrates Court ahead of a possible trial, with the defendant facing six charges of ill-treatment of an animal in relation to three dogs. One of the dogs, a Rottweiler, was found injured and in critical condition and was humanely euthanased by a vet. The other two dogs have been rehomed.
A mother and daughter from a regional town north-east of Adelaide are due to face the Port Adelaide Magistrates Court on charges of animal neglect after their six horses were found emaciated and without access to feed. The six horses were surrendered to the RSPCA. Some of the horses had untreated health issues with one so severe that it was euthanased on humane grounds. The remaining five horses were surrendered to the care of a horse rescue organisation.
Members of the public who witness animal cruelty or neglect are urged to immediately call RSPCA's 24-hour cruelty report hotline on 1300 477 722.
