May 15, 2013

Two avoid conviction for docking puppy tails

By David Clarkson. Two people have escaped conviction on animal welfare charges for using a hot knife to dock the tails of five three-day-old Jack Russell puppies.

Christchurch District Court Judge Noel Walsh found the consequences of the convictions would be out of all proportion to the gravity of the Animal Welfare Act offences for Rebecca Carol Douglas, 28, and 43-year-old Malcolm Andrew West.

At a hearing last month, the charges were found proved against Miss Douglas of carrying out the procedure which is now banned under a code of practice, and Mr West of aiding her by holding the puppies while the docking was carried out.

Defence counsel Judith Walshe and Paul Norcross argued for the discharges without conviction, with SPCA prosecutor Chris Shannon opposing the application.

Judge Walsh granted the discharges but ordered each of them to pay $800 for the cost of the prosecution by the SPCA, and $500 for the expenses of the expert witnesses called at the hearing.

He said the pair had not intended the harm the puppies but had carried out the docking in ignorance of the minimum standards.

The dogs were well looked after and in good condition when the SPCA investigated the incident. ?Obviously, they adore the mother of the puppies, Milly, and the puppies themselves. The SPCA inspector permitted the mother and puppies to be returned to them on the same day she uplifted them,? said the judge.

The court was told that Miss Douglas was concerned that she wished to begin training at Otago Polytechnic as a veterinary technician and believed that the convictions would hamper her job prospects.

Mr West is the proprietor and manager of the Springfield Hotel and was concerned that the Liquor Licensing Authority might not renew his manager?s certificate because of his convictions, leading to the loss of jobs for 12 employees. ?It is overwhelmingly important for him to keep his livelihood and his reputation,? said Mrs Walshe.

Both of them were described as important members of the North Canterbury rural community.

Miss Douglas was also described in court as an animal lover. She said in the court documents: ?I am the last person on earth who would do anything to hurt an animal.?

She believed that the puppies were too young to feel anything at the time they docked the tails. ?I still don?t think they did,? she said.

The SPCA referred to her statement where she said the puppies had ?eeked? when it was done.

Mr Norcross pointed out that this was an answer to a question about what the puppies? reaction had been. She said there had been no reaction. The puppies had ?eeked a little and then came back and had some milk?.

The charges had alleged that the surgical procedure had caused the puppies ?unnecessary or unreasonable pain or distress?.