No justice for 'clean, green' Tasmanian animals
This is 'kind, clever, connected' Tasmania for animals used in farming ...
Following the extraordinary conduct of the court and prosecution of Roderick Neil Mitchell on July 22, we are publishing a summary of the cases of the most egregious animal cruelty in Tasmania which have mostly gone virtually unpunished. These travesties occur partly as a result of the general inertia of the Tasmanian justice system and magistrates to appalling - and serial - animal abuse, and partly because these matters are handled by the Police Prosecution Service, which is staffed by police officers without proper legal training, while the abusers are represented by expensive lawyers able to find technicalities with which their infamous clients can escape justice.
The issues as we see them are:-
1. Perpetrators of the most egregious and sustained animal abuse are represented by expensive lawyers, while the animals only have untrained police prosecutors to speak for them
2. A complete lack of regard by the government, the judiciary and managament of the Department of Primary Industries and Water for the terrible and routine suffering of 'production' animals, particularly when compared with the protection accorded to 'companion' animals
3. Tasmania's Animal Welfare Act is unique in that it is the only POCTAA legislation to contain a provision of 'using a method of management on an animal likely to cause unreasonable and unjustifiable pain and suffering' (Section 7). This is a provision for a 'slap on the wrist' penalty for conduct that would attract cruelty or aggravated cruelty charges in other jurisdictions
4. A failure by magistrates to recognise the well documented parallels between animal abuse and other forms of violence
5. A systemic failure within animal protection legislation to protect animals used in farming. Codes of practice exist for 'production' animals which document minimum standards for these animals, and while non-compliance with these voluntary codes may form the basis of a prosecution, compliance can form the basis of a defence. In Tasmania, 'Standards' (CoPs) are unenforceable and it must be proved that an animal has suffered within the meaning of the Animal Welfare Act before charges can be laid, and the animals, of course, cannot speak
6. A further systemic failure of monitoring farming operations by the authorities charged with the protection of animals; in most cases the abuse occurs behind fences and in sheds that no-one sees
7. The codes of practice themselves expressly provide for cruelty, and for these animals to be denied even basic sufficient food, water, care and protection, and the freedom to express any of their natural behaviours (see our section on the 'Five Freedoms').
8) Animal welfare legislation is the only legislation in Australia to be largely administered by a charity, the RSPCA, which often lacks the resources, the will, the ability or all three to properly enforce it.
Full details of these cases can be found at "The Law" link at this site.
1. Roderick Neil Mitchell
Mitchell and his lawyer Chris Bartlett
The infamous dairy farmer, currently facing 200 cruelty, aggravated cruelty, obstruction and intimidation charges dating back more than two years. As far as we have been able to establish, this is the largest number of charges, and scale of carnage, that we have been able to find in the country. It was reported two weeks ago, after having the matters adjourned last week, his farm has been sold and he is leaving the state, arguably making it possible for him to do it all again elsewhere. It has now emerged that the farm is in fact leased, but as at 30.07.2009 Mitchell remains at the property and cows continue to suffer and die.
Mitchell is represented by lawyer Chris Bartlett. Almost 200 charges against Mitchell were listed for hearing before magistrate Rod Chandler on July 22, 2009, but it then emerged that only 10 charges, from 2007, would be dealt with that day. Mitchell's lawyer, Bartlett, claimed that he had not been provided with prosecution evidence by police prosecutor Colin Buxton, who has not returned StopTAC's calls seeking an explanation for this, which, on the face of it, appears to be a case of breathtaking incompetence, or negligence. Alternatively, StopTAC suspects that the matter has been adjourned because Mitchell is reportedly planning to leave the state, thus it will all just 'go away'.
Only a handful of the multiplicity of charges against Mitchell has ever been dealt with. On July 31 last year, Mitchell appeared in court over 'thin, weak' cattle confined to steep, boggy terrain. One cow had fallen into a tree, and police were called. Experienced Sergeant Lee-Anne Walters testified to the state of the cattle, noted (at least) one dead cow in a drain, and ordered Mitchell to deal with the stricken cow, who had stopped thrashing her legs by that time, but was moaning in pain and distress. After some argument, Mitchell removed the tree with his tractor and the cow fell to the road. It is not known whether the cow survived. Despite this overwhelming evidence, magistrate Chris Webster dismissed the charges claiming that the prosecution had failed to prove that Mitchell was responsible for the cows. The magistrate's contribution to the matter of the stranded cows was 'don't cows sleep?'
Here are some of the victims, of the hundreds reported to have died at Mitchell's hands...
2. Gary William Oliver
Oliver's pig farm, which continues to supply the 'fresh food people' Woolworths, featured on the ABC's Stateline program on May 8 2009 after courageous animal activist Emma Haswell raided the property. Ms Haswell found emaciated pigs so desperate for water they were struggling to drink from maggot infested drains, pigs with abscesses so severe they were unable to stand and others with maggots eating them alive in open wounds., including their eyes. Ms Haswell called RSPCA Tasmania CEO Greg Tredinnick, who refused to attend, and instructed her to call Tasmania Police, which she did, admitting that she had trespassed. RSPCA Tasmania's position is that it has a Memorandum of Understanding with Tasmania Police to deal with matters outside office hours. The Police attended along with DPIW's Colin Jessup, and several pigs had to be destroyed on the spot. Oliver appeared in the Scottsdale Magistrates Court the following week and was ordered to enter a plea on June 30 - but once again failed to do so, and the matter has been relisted for August 11.
Meanwhile, it is 'business as usual' for Oliver.
Here are some of his victims ...
3. Roberts Limited and William John Denholm
In February 2008, 35 sheep were confined to a rear pen without feed for 6 days (StopTAC estimates that it could have been as long as 9 days) at Roberts' Bridgewater Saleyard in the south of the state, and Roberts Limited and its Southern Livestock Manager, William John Denholm were charged under ss7 ('using a method of management of an animal reasonably likely to cause unreasonable and unjustifiable pain and suffering') and 8 (Cruelty). It took 13 months for the case to come before the Hobart Magistrates' Court. This case was valiantly fought by Police Prosecutor Steve Driver, who is believed to have now left the Police Prosecution Service. Denholm's barrister, David Gunson, managed to have a substantial part of the evidence excluded on a technicality, and that included the report by the (then) head of the DPIW Animal Welfare Unit, Dr Mick Middleton, again demonstrating the disparity in the quality of representation inherent in these cases being handled by the Police Prosecution Service. Dr. Middleton's evidence remains included, however.
The barristers representing Denholm, and Roberts, made every effort to shift the blame on to transporters whom they claimed were responsible because they had failed to collect the sheep.
Magistrate Michael Daly, in a rare 'win' for the animals, found that both Roberts Limited and Denholm each have a case to answer on both charges, and the case is listed for hearing on September 16, meaning that it will take 19 months for the matter to finally be dealt with.
It is by no means an isolated case at this particular saleyard; animals are often left there in bare paddocks for several days after sales on Mondays. StopTAC found another seven sheep concealed in a completely bare paddock behind the saleyard at the same time, in extremely poor condition, and in October found another small mob of sheep so weak that they were unable to properly stand or reach the water trough in the paddock. They were in fact on their knees. In all these instances, StopTAC has had to rely on the assistance of Tasmania Police.
Roberts Limited, which is also Tasmania's principal live export agent and largest real estate company, is no stranger to the courts. In 2002, the company and its State livestock manager Christopher James Taylor were convicted on charges of cruelty to cattle. The company was in court again in 2006 over 35 lambs left overnight in a concrete sale pen after a sale, but the magistrate dismissed the charges against Roberts, claiming that the prosecution had failed to prove that Roberts was responsible for the animals.
A transporter, Robert Ervine, was also charged over this incident, and was convicted of cruelty because he failed to pick up the lambs. Ervine claimed to have had 'sore eyes' and was unable to drive, and that 'animals are left on concrete in shows all the time'. Despite owning a farm and livestock transport business, Ervine only received a 'token' fine because he claimed to be a 'pensioner'.
4. Richard Rainbird
Richard Rainbird, then 75 and a farmer from Lawitta, near New Norfolk in the south of the state, was charged with 'using a method of management of an animal reasonably likely to cause unreasonable and unjustifiable pain and suffering' (s7 of the Animal Welfare Act), Cruelty (s8) and aggravated cruelty (s9) after an unknown number of cattle were found to have starved to death at his property. 180 sheep were also found to be severely neglected and unshorn for 18 months, exposing them to illness and disease. On December 13, 2006, magistrate Olivia McTaggart concluded that he 'didn't mean it', and sentenced him to a 28 day term of imprisonment, wholly suspended. On December 22, less than two weeks later, Rainbird was charged again with a number of cruelty offences. On November 16, 2007. magistrate Michael Hill (now Tasmania's Chief Magistrate) simply 're-imposed' the original wholly suspended sentence and imposed a further 30 days - also wholly suspended. Police Prosecutor Jim Ansell also withdrew from his position of a prohibition upon Rainbird from having animals again for a specified period, and sought a limitation on the number of animals Rainbird is allowed to have. We have no way of knowing who, if anyone, is monitoring Rainbird. A wholly suspended sentence is in no way a meaningful penalty, and no fine was imposed because Rainbird (despite having sold 'a couple of his properties') would 'not be able to afford to feed his animals'. Rainbird had an expensive lawyer in the person of Greg Faulds representing him, who claimed that Rainbird 'loved his animals and was depressed about them being in poor condition'. Faulds also made the extraordinary suggestion that all the animals may have died (all at once) of 'old age'.
5. Robert Charles Gregg
Gregg, from York Plains in the Tasmanian Midlands, was charged after starving 150 sheep to death, with another 1,000 being 'scored' by a State Government veterinarian as 'emaciated, near death'. Media representatives and animal welfare officers found a scene of appalling carnage at Gregg's property, with some sheep 'cast' (too weak to stand) with their eyes pecked out by crows.
He appeared before magistrate Helen Wood for sentence on charges under ss7, 8 and 9 of the Animal Welfare Act on October 16, 2007. Ms Wood concluded that he 'didn't mean to do it', had 'made a mistake' and did not know what he should have been feeding the sheep (Gregg had been farming sheep for 20 years). It also emerged that the sheep had been newly shorn in the icy Midlands mid-winter and were being fed less than a third of what they needed to survive. Gregg had 'just sold one of his properties'. Ms Wood dismissed the charges under s7 (mismanagement) and s9 (aggravated cruelty), but convicted Gregg on s8 charges. No fine or ban was imposed, and Gregg was sentenced to a one month wholly suspended term of imprisonment.
StopTAC visited Gregg's property a few weeks later and found the remains of more dead sheep.
6. James George Turner
James George Turner, now deceased, was before the courts on multiple cruelty, aggravated cruelty and associated charges dating back to 2005. A court order was imposed on him in 2005 prohibiting him from having more than 20 horses, but at any given time since the court order he was known to have about 60. The order was never enforced. When StopTAC took up the matter with DPIW, we were informed that the horses were, at that time, in an acceptable condition; however the order was silent on the condition of Turner's animals, it was an order of prohibition. The charges also related to other animals including pigs and cattle. Turner was able to avoid facing the courts firstly by simply not turning up, on numerous occasions, then by producing medical certificates. Nothing was done about his repeated 'failures to appear' other than occasionally adding them to the raft of charges already listed, and on one occasion StopTAC was aware of, a bench warrant for his arrest was issued. In that instance we expect he was simply 'bailed to appear' - then failed to do so.
Turner's usual practice, on the rare occasions he turned up for court, was to represent himself and to his utmost to obfuscate proceedings; in one instance his only motivation for attending was to contest applications for restraining orders against him, find out where animals seized from his property were, and to seek compensation for the animals seized, any piglets that the pigs seized may have had in the future, and for some rope used in the seizure operation.
Turner preferred not to have to attend court on sale days at local saleyards, where he was encouraged to buy more animals. Restraining orders were taken out against him by several individuals. On one occasion he was convicted of cruelty to a heifer (described by an Animal Welfare Officer as 'almost dead, beyond the pain barrier') and he appealed on the grounds that he was not present. He was not present because he was seen at the Ranelagh saleyard at the time. The courts simply avoided dealing with Turner, simply waiting for him to die, after which all charges were formally dismissed.
One magistrate, Peter Wilson, described Turner, about ten years ago thus:-
'The defendant is warped and has elevated his place in life. He is dishonest, delusional, deceitful, and delinquent. He is obnoxious, odious and offensive. I simply do not recall a more unbelievable witness'.
Here are some of Turner's victims ...
The grey horse was euthanised, the foal and the pigs seized.
Turner was NEVER dealt with.
7. Ted Medhurst
Greyhound trainer Ted Medhurst was suspended by the industry for eight years; however no charges were ever laid under the Animal Welfare Act over the greyhounds he killed because, according to RSPCA Chief Executive Officer Greg Tredinnick, it "is not illegal to shoot dogs in Tasmania". Medhurst also falsified documents and gave false and misleading information to industry enquiries. Further, he stole letterhead stationery from a veterinary surgery. His disqualification period was later reduced, and it was reported that the RSPCA has used his 'services' to destroy other animals.
About four years ago, another greyhound was found buried alive with her ears hacked off to prevent identification, on wasteland at Granton. She had been left to die of blood loss, starvation and dehydration, and was found by a distressed passer-by. Charges were laid against another trainer, Walter Tusyn, but he was acquitted.
8. Colin and Debbie Barratt and Michael and Tony Wyllie
In 2006 at the Carrick Bull Ride, in the north of the State, the bull After Dark broke his back exiting a chute at this 'family fun day'.
The stricken and crippled bull, with his back legs useless, was made to drag himself from the arena to a truck by means of vicious kicks to his head, face and body. It was over an hour before any form of veterinary assistance arrived, and After Dark was driven away to be destroyed. The story appeared on national television and horrified the country. The four accused were charged only under s7 of the Animal Welfare Act ('using an unsatisfactory method of management of an animal) a provision unique to Tasmania which allows a 'slap on the wrist' penalty for acts or omissions that would attract cruelty or aggravated cruelty charges in other jurisdictions. Eventually, charges against Colin and Debbie Barratt and Tony Wyllie were dismissed altogether, and Michael Wyllie was convicted, but no penalty was imposed. Magistrate Zygmunt Szramka said the 'pain suffered by the bull was only brief and it was later destroyed. Michael Wyllie swaggered from the court stating that the RSPCA should concern itself with more important issues.
9. PITTS POULTRY
Nicholas Pitt was charged with a number of offences under the Animal Welfare Act following another raid by Emma Haswell at his squalid battery farm, and exposure on the ABC's Stateline program featuring dead and dying hens in horrific conditions. It was reported at the time that there had been a 'tip-off' to Pitt of an impending inspection, and ultimately the charges were dismissed, despite the appalling evidence provided by Ms Haswell, because the prosecution 'tendered no evidence'.
10. SUN VALLEY POULTRY
Another supplier to 'Fresh Food People' Woolworths, battery hen farmer Glenn Peter Balke was convicted and fined $3000 in the Hobart Magistrates Court in May this year on a number of offences after the DPIW's Colin Jessup conducted audits at his battery egg farm. Mr Jessup found dozens of dead hens, and hens in cages mired in manure crammed into cages in wretched misery, with dead cage-mates, to such an extent that they could not stand naturally. Balke blamed 'labour pressures'.
StopTAC has received no information to suggest other than it is 'business as usual' for Balke and Sun Valley eggs remain on the shelves at Woolworths Supermarkets.
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