A 66-year-old pleaded guilty to five counts of animal ill-treatment under the SA Animal Welfare Act.
A 66-year-old Paskeville man who pleaded guilty to five counts of animal ill-treatment under the SA Animal Welfare Act was sentenced in the Kadina Magistrates Court yesterday.
The charges related to four dogs found with serious medical issues. The defendant was convicted for failing to take reasonable steps to mitigate harm and failing to seek veterinary treatment for all four dogs, two of which were euthanased.
The four dogs were:
- Two six-year-old greyhounds named Lochie (racing name "Emerley Senor") and Archie (racing name "Kick Up"), taken from the defendant by GRSA (Greyhound Racing SA) on 1 June 2022 and 1 July 2022, respectively.
- A 12-year-old greyhound named Ella (racing name "Don't Point") and a 15-year-old labrador named Gabby, surrendered by the defendant to an RSPCA South Australia inspector on 6 May 2024.
GRSA (Greyhound Racing SA) involvement
GRSA first became aware of welfare concerns for Lochie on 11 May 2022 when the defendant took the dog to GRSA to be assessed for rehoming. Due to concerns about the dog's body condition, GRSA Welfare Compliance Officers attended at the defendant's Paskeville property on 16 May 2022.
After assessing the dog as underweight and noting the dog's poor living conditions, the officers issued the defendant with a non-compliance notice in regard to GRSA's Animal Welfare Policy.
When the defendant presented Lochie to Angle Park Veterinary Clinic on 1 June 2022, (per the non-compliance notice issued to him on 1 June), the veterinarian noted the dog was still riddled with fleas and worms, was still underweight, had extensive hair loss, an untreated compound tail fracture and required the removal of 10 teeth. Due to the severity of the fracture, the dog's tail was amputated. Once he had recovered, Lochie was placed into GRSA's Greyhound Adoption Program (GAP) and rehomed.
On 30 June 2022, GRSA Welfare Compliance Officers re-attended at the defendant's property to conduct a follow-up inspection and serve a letter suspending the defendant from participation in greyhound racing in SA. During this attendance, the dog named Archie was noted to have a swollen front left leg. The dog had fractured the leg while racing on 8 July 2021 and a veterinarian from Angle Park Veterinary Clinic had surgically implanted a titanium plate and advised the defendant to keep a splint on the limb for five weeks.
The defendant did not follow this advice or continue veterinary treatment, as required by a previously issued compliance notice from GRSA. Archie was confiscated by a GRSA Welfare Compliance Officer on 1 July 2022. The treating veterinarian determined that dog's leg could not be saved, so it was amputated. Once Archie had recovered from this surgery he was rehomed.
RSPCA SA Investigation
RSPCA South Australia was unaware of welfare concerns for any of the four dogs until 20 December 2023, when the inspectorate received a cruelty report in relation to the two younger dogs, Lochie and Archie. The report was made in the aftermath of the State Government's Independent Inquiry into the Governance of the Greyhound Racing Industry, with the two dogs referenced in one of the final report's case studies (refer Case Study 5, page 74 of the report ).
The subsequent investigation and the attendance of an RSPCA SA inspector at the defendant's property on 6 May 2024 resulted in the discovery of the two older dogs, Ella and Gabby. When asked about the labrador named Gabby, who was blind and struggling to walk, the defendant told the inspector that he was waiting for the dog to die.
The defendant agreed to surrender both dogs, and they were taken to RSPCA SA's veterinary clinic at the now closed Lonsdale shelter. Gabby was suffering chronic eye infections, chronic dental disease, a flea infestation and claws so overgrown they were impeding her ability to walk.
The examining RSPCA SA vet determined that Gabby's multiple medical issues resulted from months to years of neglect. Due to her shocking condition, severe degree of pain and poor prognosis, the dog was humanely euthanased.
Ella was also found to have endured months to years of neglect, with an ulcerated, painful mammary tumour estimated to have existed for up to two months. Like Gabby, Ella also had chronic dental disease and a flea infestation. The only humane option for Ella was also euthanasia.
In the Kadina Magistrates Court yesterday, His Honour Magistrate Rodney Oates sentenced the defendant to five months in custody reduced by 30 percent due to his early plea for a total of three months and two weeks, which was suspended on an 18-month good behaviour bond. He was also ordered to pay a victims of crime levy and prosecution costs. The defendant is allowed to retain one Jack Russell dog but must take it to the vet a minimum of every six months and comply with any treatment they prescribe. He is otherwise prohibited from owning any animals.
His Honour acknowledged the seriousness of the matter stating that "the animals were his and he was the person responsible for their care."
He also highlighted the need to provide general deterrence to the community for persons who may not provide adequate medical care to animals that they are responsible for, adding that the Court had a responsibility to ensure "that animals are cared for as they are vulnerable creatures."
Under SA's Animal Welfare Act, the maximum penalty for animal cruelty is $20,000 or two years' imprisonment. For an aggravated cruelty offence, the maximum penalty is $50,000 or four years' imprisonment.
RSPCA South Australia is the state's only animal welfare charity with inspectors empowered to prosecute animal cruelty under SA's Animal Welfare Act.
Members of the public who witness animal cruelty or neglect are urged to immediately call RSPCA's cruelty report hotline on 1300 477 722.
Under SA's Animal Welfare Act, the maximum penalty for animal cruelty is $20,000 or two years' imprisonment. For an aggravated cruelty offence, the maximum penalty is $50,000 or four years' imprisonment.
RSPCA South Australia is the state's only animal welfare charity with inspectors empowered to prosecute animal cruelty under SA's Animal Welfare Act.
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.
