A win for docked Breeds

[bromhund]

Hi All

Some information that I thought some members may be interested in.


NEWS FLASH NEWS FLASH NEWS FLASH

At Hornsby Local Court, November the 3rd 200, animal cruelty charges against
a Dogs NSW member, were dismissed by the presiding Magistrate and formally
withdrawn by solicitors representing the NSW Branch of the RSPCA.

When RSPCA Inspectors came to his premises and questioned him, this member
maintained that he did not dock the puppies, "I banded them" he was
represented by solicitor Ian Jones & Senior Counsel Craig Lenehan, who
acted "pro bono" on this matter on behalf of Dogs NSW. All though the intense questioning and numerous court appearances this member maintained
his "I did not dock but banded the puppies" statement.

In dismissing the complaints(s) the Magistrate said that in his view banding was not cruel and he also could not find a reference in the NSW
Prevention of Cruelty to Animals Act that could substantiate the charges that had been laid.

This case has cost the RSPCA thousands of dollars on legal representation.

The RSPCA has 21 days to lodge an appeal, and it is considered unlikely that they will do so, preferring to lobby the Minister for Agriculture and the Government to amend the current legislation.

DOGS NSW President Keith Irwin said that whilst this was a great win, members should be careful in assuming that the RSPCA will not continue in pressing cruelty charges to anyone who bands their puppies, and possibly not all Local Court Magistrates will be of this view.

Keith Said " We must give thanks in no small part to the dedication and
hard work of Wes Stacey, Bob Hales and the other members of the Dogs NSW
Canine welfare Committee, who have worked behind the scenes for several
months on this matter"

In 21 days we will know if the matter will go to appeal or wether the RSPCA have chosen to lobby the Government for changes to the legislation.

If the matter goes to appeal it will end up being heard by a District Court and that determination, will then be binding on local court magistrates.
Keith went on to say "that in either case the animal welfare groups will commence a lobby campain and in his view DOGS NSW and members must meet them
head on,"



Suzanne

[daniela]

Hi Suzanne

Thanks for posting this press release. Do you know who issued it and where I can find it on the web, if at all?

I would be grateful if you could point me in the right direction.

Many thanks

[weima]

I'd like to know too as there are a few campaigners in Scotland who would like the info & also there is a vet being taken to the RCVS for docking a litter so he could do with some support.

He is being taken to the RC because he has breached the code of conduct although it is not illegal

[bromhund]

Hi Ladies

Unfortunately that is all the info i have, this came to me via an e-mail.. I will post anything else I find. I also read that there have been 2 other cases that have gone to court 1 again thrown out of court but the other person charged and puppies desexed by the RSPCA and sold as pet.

You need to lobby hard now as once it comes in very hard to change the law back. It does not stop with the tail docking. The latest campaign buy some local councils is that puppies can not be sold to anyone unless they are a kennel club member / or registered breeder otherwise puppies have to be desexed!

Suzanne

[Jaeger]

Don't give a party yet. I think this verdict is just a Pyrus victory.Think they will close this gap in the law very soon. In many counties there are laws against docking now and importing docked dogs from that countries isn't forbidden. But what is the purpose of such a dog, because he/she is "docked" in a country where it is already forbidden and if we buy such a dog we are no more allowed to work and show them.

[tasha]

splitting of the breeds... pity that something can't be done under the human rights acts. Some breeds like the cockers already have a marked difference between a show and working dog this could so easily happen to our breed if we aren't careful. I don't think its so much about the docking itself more about the changes if both aren't taken into consideration over a period of time.