Nq Duo Loses Appeal After 698 Pets Seized

[iffykharma]

Courier Mail article

The Court of Appeal in Brisbane was refusing an appeal by Frederick Dart and Megan Ann Hajridin who a magistrate originally fined $12,500 each after pleading guilty to the 131 charges of breaches of care.

Dart and Hajridin also were ordered to pay the RSPCA $57,161 for costs incurred in both caring for the seized animals and the cost of the prosecution.

It followed a combined RSPCA and police raid on their Calcium property, near Townsville, in July 2008.

The court heard 113 dogs, a cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds were taken from the property by RSPCA officers.

In the Magistrates Court, the RSPCA alleged the animals were kept in small cages piled up three and four high in the defendants' 12m by 6m shed.

It was further alleged many had little or no water and there were faeces and urine on the floor and bedding.

Dart and Hajridin appealed to the District Court and a judge found costs were too high and reduced them to $45,000.

The judge also reduced each fine to $5000 and directed a two-year probation and prohibition on owning or trading in animals remained in place.

However, Dart and Hajridin then went to the Court of Appeal seeking orders the RSPCA be prevented from disposing of the confiscated animals and to stay some orders made in the District Court appeal.

They alleged the RSPCA inspectors were acting beyond their powers when executing a search warrant and by bringing the case in the Magistrates Court had acted fraudulently.

However, in a unanimous judgment today the Court of Appeal refused the application.

Justice Peter Lyons said Dart and Hajridin had failed to establish any real prospect of being successful on appeal and not shown any reason to stay the District Court orders.

[sandgrubber]

Sounds like they got away easy. Glad to hear the appeal was refused.