A 54-year-old man from Davoren Park who pleaded guilty to two counts of animal ill-treatment under the SA Animal Welfare Act was convicted in the Elizabeth Magistrates Court today.
The man was charged with failing to take reasonable steps to mitigate harm suffered by a four-month-old kitten with an eye tumour, resulting in the animal’s eye globe rupturing.
The man was also charged with failure to mitigate harm from disease for another two kittens by not taking them to receive veterinary treatment. The animals were suffering from chronic eye infections and cat flu.
RSPCA SA inspectors first attended at the man’s property in February 2023 in response to a cruelty report concerning numerous cats. Multiple attempts were made over following weeks, using legally enforceable Animal Welfare Notices requiring the defendant to take the kitten, named Odin, to a vet within a specified timeframe.
The defendant was also offered the option to surrender Odin and other cats and kittens he owned to RSPCA SA, but he refused. On 5 April 2023, RSPCA SA inspectors accompanied by SA police officers attended at the man’s property and due to further deterioration in Odin’s condition, he was seized for urgent veterinary treatment.
Two other kittens that were underweight and with swollen, severely infected eyes and signs of cat flu were also seized.
Prior to the animals being seized, the defendant physically assaulted one of the RSPCA SA inspectors by throwing her to the ground and punching her. Another RSPCA SA inspector and police intervened, and the man was arrested, charged and convicted with aggravated assault. (This matter was dealt with in the Elizabeth Magistrates Court by Police Prosecutions on 28 April 2023.)
The examining RSPCA SA vet stated that Odin would have suffered significant pain before the eye globe ruptured. The kitten underwent surgery to remove the eye and remains in protective custody with RSPCA SA.
The other two kittens, one aged two months and the other six weeks, were diagnosed with severe conjunctivitis, cat flu and mouth ulcers. Both kittens made full recoveries and remain in protective custody with RSPCA SA.
In the Elizabeth Magistrates Court today, Magistrate Rodney Oates sentenced the defendant to a six-week prison term, suspended on a 15-month bond. His Honour was clearly shocked upon seeing the photograph of Odin, telling the court that it was “terrible to behold the cat in that condition”. The defendant is prohibited from owning any animals other than a 12-year-old cat.
RSPCA SA Chief Inspector Andrew Baker said that the suffering of the three kittens was horrific and totally avoidable.
“We urge people to take immediate action when their animals are in need of veterinary treatment,” Inspector Baker said,
“There was no way that the kittens would recover from these afflictions without professional veterinary intervention, yet this defendant chose to ignore the extreme suffering that they were enduring right in front of him.”
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.
