A man who forced a dog to walk and run for 33km before smashing the animal into the ground and then throwing it into the air was today convicted on three charges of animal cruelty.
The offences occurred at approximately 10 pm on 31 October 2020, near the intersection of Brodie Rd and Sherriffs Rd in Lonsdale. A passing motorist reported seeing the defendant yelling at the dog, grabbing the animal by the scruff of her neck and smashing her head and body into the cement bike path three times.
The defendant then rode his bike further down the path, screaming and motioning at the dog to follow, which the dog did.
The witness then saw the defendant stop his bike, again pick the dog up by the scruff of her neck and throw the dog approximately two metres down the path.
A second vehicle stopped and a male passenger ran down the path towards the defendant. The ensuing confrontation became heated when the defendant refused to hand the dog over.
Police were called and located the defendant. He admitted taking the dog from his mother's Hackam West house and making her walk and run a total distance of 33km.
Compounding the seriousness of the offense was the fact that the dog, a two-year-old Staffordshire Terrier cross named Little Miss, had three weeks prior given birth to six puppies.
The dog was taken into care at RSPCA SA's Lonsdale shelter, where an examination by Chief Veterinarian Dr Brad Ward revealed the dog was:
• underweight, with a BCS (body condition score) of 2/9
• lame in her right forelimb
• had skin missing and obvious trauma to both front paw pads
Dr Ward stated that the dog was already under nutritional stress because she was at the stage of peak lactation. He stated that a bitch feeding puppies should not be exercised, but should instead be allowed to rest and conserve energy for her wellbeing as well as the puppies.
It was four days before the dog could walk without limping. RSPCA SA inspectors seized the three-week-old puppies so they could be reunited with their mother.
The dog belongs to the defendant's mother. Once Little Miss had recovered, the owner was allowed to reclaim the dog and puppies on the condition that the defendant (her son) not be allowed to reside at the address.
In the Christies Beach Magistrates Court today, the defendant entered guilty pleas to all three charges of ill-treatment of an animal.
Magistrate Gregory Fisher accepted that the defendant was affected by drugs at the time of the offending and had not set out with the premeditated intention of running the dog 33km, and that the excessive run was the cause of the harm to the dog, Little Miss.
His Honour sentenced the defendant to a $500, 12-month good behaviour bond and he is prohibited from owning any animals until further order.
He was ordered to pay legal costs of $600 as well as vet and boarding costs totalling $550 to RSPCA SA.
Two women prosecuted for horse neglect
The finalisation of a second chronic neglect of horses case in two months has prompted RSPCA South Australia to urge people to be realistic about their capacity to afford the cost of caring for horses.
The case involving six horses that were being kept at a Mid Murray property finalised in the Port Adelaide Magistrates Court late yesterday.
Charges laid against two defendants relate to offences that took place at the property from 22 May 2019 to 21 June 2019.
A 48-year-old woman and her adult daughter were jointly charged with ill-treatment of an animal
The pair were charged for failing to provide appropriate and adequate food to Xena and neglecting the maintenance of the foal's hooves and teeth. Xena was found in an emaciated state, with a BCS (body condition score) of 1/9 and overgrown hooves that required intensive remedial farriery.
The six horses were:
- A six-month-old foal named Xena
- A 10-year-old mare named Bean
- An 11-year-old mare named Jules
- A 10-year-old mare named Aurora
- A one-year-old filly named Gypsy
- A one-year-old colt named Dancer
The older woman faced an additional six charges of ill-treatment of an animal in relation to another five horses. The neglect of these horses included:
- Underfeeding to the point of emaciation
- Failure to provide constant access to water
- Failure to adequately groom (some of the horses had lice)
- Failure to get a farrier to trim hooves (one mare required almost 7cm to be removed from her hooves to assist movement)
- Failure to get vet treatment for a serious and painful leg injury
- Failure to get vet treatment for a serious and painful jaw infection
- Failure to get equine dentist to rasp teeth1, resulting in some horses having teeth so sharp they caused injury and difficulty eating
An RSPCA inspector first attended at the property on 10 December 2018 in response to a cruelty report. The inspector observed 20 to 30 horses, most of them underweight and some emaciated. The inspector issued an Animal Welfare Notice directing the owner to seek veterinary attention for all the horses by 17 December 2018.
Over the next six months, RSPCA inspectors issued the older defendant with a number of Animal Welfare Notices. These legally enforceable notices required the defendant to adequately feed the horses and obtain the professional services of vets and farriers, within specified timeframes. Evidence of complying with the notices was required.
The six horses that were the subject of cruelty charges were identified as the animals of most concern when RSPCA inspectors attended at the property on 22 May 2019. On this occasion, the younger woman was home and accompanied inspectors as they assessed all 19 horses on the property. There was no feed in the paddocks and trees had been stripped of bark. Horses have observed eating or licking sticks, rocks and their own faeces.
On 29 May 2019 a second equine vet, Dr Daniel Sims, attended to assess the horses and identified welfare issues for 17 of the 19 on the property. In a report submitted to RSPCA and the defendants on 3 June 2019, Dr Sims stated that the overriding issue was a lack of nutrition and that if four of the horses (Bean, Aurora, Gypsy and Xena) did not improve significantly over the next four weeks, then he recommended they either be surrendered or euthanased.
After repeated failures to comply with Animal Welfare Notices, the defendants agreed to surrender the six horses of most concern on 21 June 2019. The animals were transported to a temporary carer, where a farrier and a vet attended to their health issues over several weeks. The mare, Bean, was euthanased on 8 July 2019 after failing to gain weight. The remaining horses were surrendered to the care of a horse rescue organisation.
In the Port Adelaide Magistrates court yesterday, the older defendant pleaded guilty to all seven counts of ill-treatment relating to the six horses. Magistrate Paul Foley convicted the woman and imposed a 12-month good behaviour bond. She was ordered to pay $9000 towards RSPCA SA veterinary and care costs and $600 in legal fees. His Honour ordered the defendant to forfeit any horses in her care to RSPCA SA and prohibited her from owning any horses for five years.
The defendant's daughter pleaded guilty to the one count of ill-treatment, which was her only charge. She received a 6-month good behaviour bond, with the same prohibition orders as her mother. She was ordered to pay $919.60 towards RSPCA SA's costs. His Honour cited the defendant's young age, lack of antecedents and lessor role in the offending in his decision not to record a conviction against her.
RSPCA SA Chief Inspector Andrea Lewis said the cost of caring for one horse, let alone 19, would be beyond many people's budgets.
"We cannot stress enough the importance of understanding what you're up for financially before acquiring a horse," Inspector Lewis said
"You can't just pop one in a paddock and forget about it - they have very specific care needs and ongoing maintenance, such as hoof and dental care.
"If people find they're struggling to afford the costs, we urge them to either rehome or surrender the horse to a horse rescue organisation before the animal deteriorates."
Five upcoming cases before the court this month
A 43-year-old woman and her two adult daughters are facing eight counts of ill-treatment of animals in relation to two dogs and six cats found living in squalid conditions inside a house in the southern suburbs. One dog was found emaciated, tethered to a bed and suffering medical conditions requiring immediate veterinary attention. A cat in emaciated condition was found confined to a small cage, while other cats were found tethered to furniture. None of the animals had access to food or water. The case is due to be heard in the Christies Beach Magistrates court this month. Five of the cats have been rehomed, with the remaining two dogs and one cat in protective custody with RSPCA SA.
A 41-year-old woman has been charged with two counts of ill-treatment of animals in relation to four kittens and three adult cats. An RSPCA inspector seized the animals in mid-May after finding them ravenous, underweight and dehydrated inside a locked house in Port Pirie. It is alleged that the woman went on a one-month trip interstate and left the animals in her Port Pirie home without adequate food or water and with no provision made for their care in her absence. All the animals remain in RSPCA SA care except one of the kittens, which was euthanased on humane grounds shortly after being seized. The woman is due to face the Port Pirie Magistrates Court later this month.
A 29-year-old 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. All the animals have been rehomed except two cats and two dogs that remain in protective custody, and a kitten that was also seized due to concerns for its welfare. One dog was euthanased due to aggressive and dangerous behaviour that could not be modified.
A 48-year-old man and a 45-year-old woman are due to face the Berri Magistrates court on charges of animal ill-treatment in relation to three dogs and six puppies being allegedly kept in squalid conditions inside a small, disused toilet block in Coonalpyn. The female defendant is also charged with breaching a 2018 court order that prohibited her from acquiring more cats. She has also been charged with a further ten counts of animal ill-treatment for keeping cats in a filthy enclosure with so little food and water that four died. The survivors were so hungry they had begun to cannibalise the bodies of the deceased. The further alleged offending occurred whilst the defendant was on bail for the offences relating to the dogs. All surviving animals have been rehomed except one kitten that was euthanased on humane grounds due to a medical condition with a poor prognosis.
Two female defendants from a regional town north of Adelaide will face the Adelaide Magistrates Court on cruelty charges relating to a large number of dogs, cats, native animals and birds found in poor condition and being kept in squalid conditions. The majority of the animals recovered and have now been rehomed after the defendants surrendered them.
