Animal welfare campaigners who secretly filmed a performing elephant being chained and hit with a pitchfork have condemned the "derisory" sentence given to a circus owner convicted of causing unnecessary suffering to the animal.
Bobby Roberts was also convicted of failing to prevent an employee from repeatedly beating 60-year-old Anne, an Asian elephant.
In addition, Roberts, 69, who ran Super Circus in Polebrook, Cambridgeshire, failed to ensure that Anne's needs were met by not giving her medication for her arthritis.
He was given a three-year conditional discharge at Northampton Crown Court but was not ordered to pay costs and was not banned from owning animals.
His wife Moira, 75, was cleared of all three charges by District Judge David Chinnery following a five-day trial.
Following today's hearing, Animal Defenders International (ADI), the organisation which covertly filmed the abuse over a three-week period, criticised the sentence.
Jan Creamer, chief executive of the animal welfare group, said: "Despite the considerable suffering caused to Anne the elephant, the sentencing meted out to Mr Roberts is derisory and provides no faith that the Animal Welfare Act can protect animals in circuses."
She went on: "People should be held responsible for the day-to-day experiences of their animals.
"If they don't have the staff or they don't have the people to look after their animals properly, then they shouldn't be keeping them.
"The fact is that Anne suffered terribly during her time there and now, as you can see, her health is improving. She's getting proper treatment for her arthritis, she's building muscle, so just by looking at her...
"How well she is now in comparison shows you that she suffered over a long period of time and this is entirely the wrong message. This doesn't make owners responsible for what happens to their animals."
Mrs Roberts wept as District Judge David Chinnery read out the verdicts on her and her husband.
The court had been shown footage filmed covertly by ADI between January 21 and February 15 last year.
It showed Anne constantly chained up in a barn at the circus's winter quarters by one foot and one hind leg and being struck repeatedly with a pitchfork by her groom.
Roberts told the court during the five-day trial that he had no idea of the actions of the groom and that it was "disgusting and disgraceful" behaviour. He said if he had known, he would have fired the groom, who is believed to be back home in Romania.
Roberts also told the court that he was unaware that Anne had been constantly chained and that the groom had not followed his instructions to let the animal loose behind an electric fence in a cordoned-off area of the barn when possible.
The case was originally a private prosecution initiated by ADI; however, following representation from the group's legal representatives, the Director of Public Prosecutions agreed that the Crown Prosecution Service would take on the case as it was in the "public interest".
Giving his verdict today, District Judge Chinnery criticised ADI and the way campaigners had obtained the footage.
He said: "This is an emotive case involving as it does acts of extreme cruelty to a defenceless animal. The difficulty, however, is that, by releasing the footage to the media rather than proceeding through a more appropriate method, two consequences have followed.
"Firstly this couple have been tried by the public, who have only the footage of the cruelty to the animal upon which to make a judgment.
"This has resulted in personal vilification of both of the defendants both by members of the public and, from my own observations, by member of the Press.
"Secondly, as we now know, it has resulted in their grandchildren being ostracised by their peers on the strength of what has been released to the media."
The court heard that the couple's grandchildren have been bullied at school since the footage was released.
The judge went on: "Whilst ADI may claim that their actions had the desired effect, namely the removal of the elephant from its plight, there are two concerns which I have.
"Firstly, they effectively 'sat on' the evidence for two months, leaving the elephant where she was, and, secondly, my experience of dealing with 'animal cruelty' cases usually brought by the RSPCA leads me to understand that, if the plight of such an animal is reported to the RSPCA immediately, they will take steps to ensure the safety of the animal without delay and if appropriate work with the owner to re-home the animal or ensure its future in its current environment.
"Had that been done, arguably these proceedings (which are costly) could have been avoided, Anne's future would have been secured and the Roberts' grandchildren would not be suffering.
"The conclusion to which I am drawn therefore is that Anne's welfare was only a part of the objective by ADI; they have a wider agenda, much of which has been alluded to by defence counsel."
The judge told the court that a number of emails and comments made on Facebook and other social networking websites were being investigated by police.
He said: "Another factor which will not be known to the public and the Press is that, throughout this week, the court staff here have received a number of emails containing some serious threats directed at the defendants.
"Those have been referred to the police, who are currently investigating them, and I have also asked for the comments by some members of the public on Facebook and other sites to be investigated as prima facie they constitute an offence."
No hay comentarios:
Publicar un comentario