OAP banned from keeping animals
A Teignbridge man, found guilty of offences under the Animal Welfare Act 2006, has been told by Exeter Magistrates Chair of the bench "you will not keep animals ever again."
Leslie Weatherill, 73, of The Hams, Ide, was found guilty at Exeter Magistrates Court in March, after failing to improve the squalid conditions that he kept ponies and dogs in.
The court had heard how Mr Weatherill kept his ponies on an area of scrub and woodland near Doddiscombsleigh which, according to a national expert on horses, was inadequate for their needs and so their welfare was severely compromised.
Despite several warnings and advice from Devon and Somerset Trading Standards, the RSPCA, the Police and the World Horse Welfare, Mr Weatherill failed to make the required improvements to the poor conditions on the site.
An officer from Devon and Somerset Trading Standards visited the site with local police and found the area where the ponies were expected to live strewn with rubbish, including derelict caravans, abandoned and rusting motor vehicles, sharp and dangerous barbed wire, corrugated iron, glass and general scrap.
The land did not have enough grazing to support the ponies, so they frequently roamed into neighbouring properties in search of food. The court heard how Mr Weatherill failed to provide adequate fencing to prevent his ponies escaping and causing a considerable nuisance for his neighbours.
Mr Weatherill also faced four charges under the Horse Passport Regulations 2009 for keeping nine ponies without passports, failing to apply for passports for his ponies within the legal timeframe, failing to produce horse passports when asked by the Trading Standards Officer, and also failing to return the passports of two dead ponies to the issuing authority.
Officers found a large number of dogs being kept on the land in poor conditions, and evidence of significant rat infestation; 28 dogs were subsequently sized by the police and taken into the care of the RSPCA.
Mr Weatherill denied all 22 charges.
Sentenced this week, Mr Weatherill received 12 weeks custodial sentence suspended for 18 months, under section 4 of the Animal Welfare Act, for causing unnecessary suffering; 6 weeks custodial sentence for each of 17 duty of care offences under section 9 of the Animal Welfare Act to run concurrently, suspended for 18 months.
In addition, he has been disqualified for life from:
- owning animals
- keeping animals
- participating in the keeping of animals
- being party to an arrangement under which he is entitled to control or influence the way in which animals are kept
In relation to the ponies, the disqualifications are suspended for 28 days to allow for Mr Weatherill time to make alternative arrangements for the ponies currently in his possession.
In relation to the dogs, the disqualifications take immediate affect.
No separate penalty was given in relation to the horse passport offences.
Mr Weatherill was ordered to pay £50,000 boarding costs for the dogs and £80 victim surcharge.
Councillor Roger Croad, Devon County Council's Cabinet Member with responsibility for the Devon and Somerset Trading Standards service, said: "The conditions that these ponies and dogs were kept in fell well below acceptable welfare standards.
"Mr Weatherill was given lots of advice and ample opportunity to demonstrate that he could comply with the requirements of animal welfare legislation and achieve the necessary standards of care, however he failed to do so and this left us no alternative but to bring this case to court."
RSPCA inspector Marije Zwager said: "We try to deal with concerns about animal welfare by giving advice wherever possible. Where it is continually not followed and conditions are not improved, as in this case, sadly the only option to protect animals is prosecution.
"This case sends a message to owners that they have a legal responsibility to provide their animals with the proper care. I can only hope that the disqualification will protect future animals from suffering.”
