Posts filed under 'Court cases'
Both Mr. Joseph and Mrs. Magarite Higham, the dog hoarding couple who were convicted of 11 counts of cruelty in SA, and 123 counts in NSW, are now in custody following a nation wide manhunt.
The couple did not appear in court to hear they had been found guilty on all 11 counts in early May, and police and RSPCA had been searching for them since. RSPCA inspectors were extremely keen to track the couple down, so a public media appeal was put out. The response from the public was phenonemenal. The Society received hundreds of calls from throughout the country.
Late last week Mrs.Higham was found on a remote property near Casterton. Police arrested her, and she is now awaiting sentencing in Mount Gambier. She had around 100 dogs in her possession, a clear violation of both Adelaide, and Tamworth court orders. Magistrate Cathy Deland restricted the couple to possessing two dogs, as a part of a bail condition, in Dec 2007. In August 2005, in Tamworth court, the couple were handed down a suspended sentence pending a period of 5 years good behaviour. Bond conditions included the Highams (known as the Halls and Economos’ in NSW) only possessing five microchipped and desexed dogs.
Mr Higham was found at an Adelaide Backpackers on the weekend. A bedside hearing was held yesterday, however he is also yet to be sentenced.
The fate of the dogs at the Casterton site is yet to be determined, however it seems many of them have mistreated, and some will almost definitely have to be put down. Further charges, for the mistreatment of these dogs are yet to be laid.
May 20th, 2008
Mr. and Mrs. Higham, the couple who had 170 dogs on their property north of Eudunda, appeared in court again today.
They did not plead guilty, so the case will now go to trial. The date for trial is the 18th of December.
December 10th, 2007
The RSPCA is seeking public assistance.
We want to find the owner of a dog that we found with life threatening injuries.
The gorgeous Maltese cross had a elastic band tied around it’s neck causing horrific, deep cuts all over it’s neck and throat. We have no idea why anyone would do this, however, given the size of the band, it may well have been a horrible attempt to suffocate the animal.
The dog has no identification, we haven’t been contacted about a dog fitting this description.
We’re asking for anyone who recognizes this dog to contact the RSPCA. We understand that the owner may be completely innocent, but we don’t know this until someone comes forward.
Call us on 8 231 6931
December 7th, 2007
In early 2006 the RSPCA received a report about a very large dog which was in a backyard at Goolwa. Apparently his carer frequently went away and neighbours gave “Karma” food and water and untangled him from his chain when necessary. He was reported to be getting thinner and had developed a nasty skin infection.
When RSPCA Inspectors entered the property on a warrant they saw that Karma was emaciated, with red raw skin around his neck and hindquarters. There was no food or water available and the dog was seized and taken to a vet.
He was found to be very malnourished, with severe mange which was causing him pain.
Karma was taken into care by the RSPCA and treated for his emaciation and mange. Within 2 months, his weight had increased from 24kg to 36 kg and his mange had cleared up.
When interviewed, the dog’s owner said she lived alone, that Karma was her son’s dog and she was caring for him while her son was in gaol. She claimed to have insuffucient money for enough dog food or veterinary care for Karma. She said he continually knocked over his water bowl and ran away if not chained.
The owner pleaded guilty on 18 October 2007 to charges of failing to provide adequate and appropriate food, and neglecting Karma so as to cause him pain. She was convicted on both charges and ordered to perform 80 hours of Community Service. Although she had earlier surrendered Karma to the RSPCA, she had an Order placed on her preventing her from having any dogs.
Karma has now been placed in a loving home by the RSPCA.
Look at him now!
October 18th, 2007
The Magistrate who heard the case of the man with more than 150 cats handed down sentence on 2nd October 2007. The owner was convicted on 14 counts of illtreatment of animals and was placed on a $1,000 Bond to be of Good Behaviour for 2 years, and in that time he will be monitored by the Department for Correctional Services. He must also pay costs of about $3,200.
The Magistrate made an Order that the man cannot keep more than 5 desexed cats and must surrender any excess animals to the RSPCA. At the time of sentencing, he claimed to have already rehomed many of the cats, while he released others when his landlord would not allow them to remain inside the house. He now claims to have ownership of 2 cats. The RSPCA is concerned that many of the cats he rehomed or released may be carriers of feline influenza and other diseases.
October 4th, 2007
The owner of a Blue Heeler Cross Dog named “Jaffie” has been prosecuted by the RSPCA for neglect of her dog after it was found with a large, flyblown and untreated wound on its rump. The owner surrendered the dog to the RSPCA and it needed immediate euthanasia to alleviate its pain and distress. The dog was also found to have an ear infection and flea infestation. The owner was a single mother with 6 children.
The case was finalised in the Port Adelaide Magistrates’ Court on 26 September 2007 when the dog’s owner pleaded guilty to 2 counts of illtreatment of her dog. The owner was fined $400 and fees totalling $421.
In addition, the Magistrate made an Order that the owner surrender to the RSPCA any other animal in her possession and be forbidden from acquiring or having custody of any animal until further Order.
All animals need constant monitoring to ensure they are comfortable and free from pain. It should have been obvious for a long time that Jaffie was in pain and was suffering from what initially were treatable problems.
(The photographs of Jaffie are not suitable for publication on our blog site)
October 2nd, 2007
A man who kept more than 150 cats in his home and backyard pleaded guilty on 21 September 2007 in the Adelaide Magistrates Court to 14 counts of animal cruelty. The court heard that the 14 charges related to 5 cats. One female, white short haired cat called “Trinity” had a broken back for 9 months, and despite being told by a Vet that the cat needed to be put down, nothing was done. The cat was also severely emaciated and dehydrated, suffered sores from dragging its back half around, had significant tooth damage and an elevated heart rate which usually indicates extreme pain. The 4 other cats also suffered emaciation and dehydration, severe eye infections and were infected with potentially deadly feline influenza.
One of the cats had also suffered a stroke and had neurological disease.
The man’slawyer argued that he was too ill to care for the cats, and although he made some attempts to help the ill animals, he admits it was his responsibility and he failed in his duty of care.
The sentence will be handed down in October.
September 24th, 2007
It was on 9 November 2005 that the RSPCA informed Police of an illegal cockfighting venue. As a result, glasshouses at Waterloo Corner became the focus of a joint initiative known as Operation Varuna.
Operation Varuna saw 13 Police Officers from the Elizabeth LSA’s CIB Tactical Unit, Operation Mantle and uniformed Tactical Teams join 12 RSPCA Officers with both organisations playing key roles.
“Our responsibility was to plan, coordinate and resource the entire operation, contain the cockfighting event and its participants, investigate breaches to the Prevention of Cruelty to Animals Act, evaluate evidence and launch prosecutions. The RSPCA’s role was to organise the search warrant, assist in the search for evidence, impound any seized birds and advise if there was sufficient evidence to proceed to court” says Detective Sergeant Danny Smalbil of Elizabeth LSA.
With only 3 days leading up to the 12 November raid, operational personnel had to act quickly and plan their strategy. Their first priority was to covertly enter the premises.
To avoid detection by any ‘lookouts’ the entry team infiltrated the property using an unmarked Tarago van, a vehicle often associated with those who attend cockfighting events. Occupying the van were Police Officers and the RSPCA Chief Inspector who carried the warrant.
Following close behind was the backup convoy carrying more Police and RSPCA personnel. Their role was to block the exit routes while the other officers made their way to the cockfight.
“With the covert van entering inconspicuously, it was important that the timing was spot on” explains Deterctive Sergeant Danny Smalbil.
“If we get there too early, we may have not had enough evidence to prosecute. If we got there too late, we would have evidence but run the risk of a lot of birds dying or being injured.”
“Fortunately the team arrived moments before the cockfight took place taking participants by surprise.”
Once inside the team was surprised to see how well organised the event was. The cockfighting ring was very well concealed, with all cars parked undercover inside the glasshouse. “They weren’t visible from the air or any other outlying area”, says Detective Sergeant Smalbil. “However, there was evidence to suggest that similar events had been staged in glasshouses on this property for quite some time.”
Earlier, it was decided that the officers would use powers under the Summary Offences Act to stop, search and detain those present. The offenders’ personal effects, cash and any other evidence was put into plastic bags and placed in front of them ensuring all evidence was gathered.
Detaining car keys was a critical part of the operation because keys found in participants’ possession linked them to vehicles where more cockfighting paraphernalia or birds may have been stored. This strategy also paid dividends.
“Not surprisingly, no one admitted ownership or possession of the 19 birds that were seized. This didn’t affect the outcome, in fact it made it easier for the RSPCA when it came time to dispose of the birds as they didn’t have to wait for the matter to be finalised in court,” says Detective Sergeant Smalbil.
Under the Prevention of Cruelty to Animals Act, the officers were able to prove that a cockfighting event was planned and staged. However, even being present at such an event is a convictable offence making all participants liable for prosecution.
The majority of the 25 people charged as a result of Operation Varuna have since pleaded guilty in court. Charges included ill treating an animal, possessing cockfighting spurs and being present at a cockfight.
The land owner and organiser received the heftiest penalty totalling close to $5000, with the remainder of the group receiving fines between $1000 and $1500. Other outcomes included the seizure of 49 cockfighting spurs, 19 cockfighting birds and an assortment of cockfighting and gambling paraphernalia.
“When we realised the magnitude of what we had to contend with, we enlisted the support of Police at Two Wells and Salisbury. The work of the RSPCA was also paramount to the success of the entire operation. Their knowledge was invaluable and their commitment was first class,” says Detective Sergeant Smalbil.
In January 2006, another cockfight was staged on the same property, this time at midnight. Another impromptu raid saw 10 people apprehended.
Following the hard work and vigilance of both SAPOL and the RSPCA, current intelligence now suggests that major cockfighting events have been displaced.
Operation Varuna has since been presented at a Performance Outcome Review as an excellent example of what can be achieved through joint agency cooperation and problem solving.
Article reproduced courtesy of Blueprint, official magazine of the South Australia Police.
(Addendum: The RSPCA subsequently conducted the 36 prosecutions associated with the above events).
September 19th, 2007
The RSPCA was recently called out to a five car pile up at Main North Road, Blair Athol. ‘Bailey’, a Labrador, was seriously injured and has lost the use of one of his front legs. The owner was also taken to hospital. The accident highlights the fact that unrestrained dogs and cars don’t mix.
Aimee McKay, RSPCA spokesperson said:
‘From an animal welfare perspective, dogs can be seriously injured in a crash - the incident this morning is a perfect example of this. Like a human without a seatbelt, when a driver suddenly brakes, an unrestrained dog flings forward with a great deal of force. Broken bones, fractured skulls and death are very, very real possibilities and we have certainly seen lots of these types of injuries at our shelters.’
It’s not only your pooch at risk - an unrestrained dog equals a distracted and dangerous driver. A recent survey by AAMI says forget your mobile - your ‘best friend’ is more distracting. The research also says over 80 per cent of drivers think car restraints should be compulsory and the RSPCA agrees.
While they’re distracting they’re also potentially lethal. RSPCA research shows the force of a dog hitting you or a passenger in the car is 20 times its weight. It goes without saying, that could lead to severe injury.
The RSPCA would like the Government to look at making new legislation that makes restraints mandatory.
July 30th, 2007
Last year, the RSPCA in South Australia prosecuted a man whose dog was found to be very weak and unable to walk. Our vets found it be in severe and chronic pain with a broken/dislocated spine. X-Rays revealed that at some stage, all of its ribs had broken and its bones showed significant de-calcification. The owner was found to be a committed animal rights activist and vegan. When interviewed over the neglect of his dog, he claimed it was fed a diet of bread, peanut butter and vitamins - which might well explain its bone abnormalities!
There is a worrying trend emerging of animal-activist vegans promoting their own choice of diet to owners of dogs and cats with the claim that these animals can be safely converted to a vegetarian or vegan diet. They see this as distancing themselves from any sort of animal farming and consumption, which they consider to be intrinsicaly cruel.
Dogs are naturally omnivorous, and a vegan diet, if nutritionally balanced for dog metabolism, is quite possible (although difficult), but cats are true meat eaters and the idea of a vegan diet for cats is dangerous.
The premise of some of these obsure cat food manufacturers that their vegan diets meet 100% of a cat’s nutritional needs has not been supported by independent scientific dietary analysis. When meat is eliminated from the diet of obligate carnivores like cats, the potential for nutritional deficiencies increases, because specific essential nutrients are scarce or limited in plant matter (such as taurine, arachidonic acid, niacin, vitamin A, arginine, lysine and sulphur-containing compounds such as methionine and cysteine).
Modern commercial dog and cat foods are carefully balanced to ensure they meet the nutritional needs of these animals. The best advice is to choose a product that is recommended by your veterinarian.
June 18th, 2007
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