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4.
The second part of `Operation Megalong' was conducted at
the Megalong Australian
Heritage Centre at Lot 1 Megalong Road, Megalong Valley.
Both properties are part of
the business. About 30 horses were examined at this
property with samples of blood and feaces taken from
several horses. The accused was present during the
inspection
and each examination was recorded on video.
5.
Immediate official instructions were verbally issued to
the accused in relation to several
horses that required veterinary attention for lameness.
These instructions were also
recorded on video.
6.
During the inspection the accused stated that she was
the proprietor of the property
(including 'Shenandoah') and has owned the property for
15 years which carries
approximately 130
horses.
7.
Based on the initial examinations conducted by Dr
GOLDMAN, and the subsequent
testing of the blood and feacal samples taken during the
inspection, Dr GOLDMAN
concluded:
a)
Horse #3 (Buzz)
- The horse was
suffering from chronic lameness due to severe
osteoarthritis that caused a large amount of discomfort
and pain. The horse was also
suffering from a
moderate worm burden that caused aneamia. Both required
veterinary
treatment.
b)
Horse _#4 (Brandy)
- (unable to be
caught for examination) the horse presented lame
and was displaying
pain and discomfort and required veterinary treatment to
determine the
cause of its lameness.
c) Horse
#7 (Lucky)
- The horse was
suffering from a moderate worm burden and
required veterinary treatment. The horse had elevated Creatinine Kinase
levels (muscle
damage) as a result of excess exercise or unfit for
workload. Sharp hooks
on the teeth were
also present.
d)
Horse #11 (Garys Mare)
- (unable to be
caught for examination) the horse presented
lame and was
displaying pain and discomfort and required veterinary
treatment to determine the cause of its lameness.
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e)
Horse #12 (Ginger)
- (unable
to be caught for examination) the horse
presented lame
and was
displaying pain and discomfort and required
veterinary treatment to
determine the cause of its lameness.
f)
Horse
#13 (Sugar)
-
(unable to be caught for examination) the
horse presented lame
and was displaying pain and discomfort and
required veterinary treatment to
determine the cause
of
its lameness and was suffering from a
significant worm
burden.
g)
Horse
#14 (Alice)
- (unable
to be caught for examination) the horse
presented lame
and was displaying pain and discomfort and
required veterinary treatment to
determine the cause of its lameness.
h)
Horse
#18 (Polish)
- The
horse was suffering from a significant worm
burden that
caused mild aneamia. Blood results
demonstrated elevated Creatinine Kinase
levels
(muscle
damage) as a result of excess exercise or
being unfit for its workload.
Horse #19
(Moose) -
The
horse was in poor body condition and was
suffering from
a significant worm burden that caused mild aneamia. Sharp hooks on the
teeth were
also
present. |
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j)
Horse #20 (Kiwi) -
The horse
was in poor body condition and was suffering
from a
significant worm burden that caused aneamia.
Blood results demonstrated elevated
Creatinine Kinase levels (muscle damage) as
a result of excess exercise or being
unfit for its workload.
k)
Horse #21 (Jellybean)
- The
horse was suffering from chronic lameness
causing
pain and
discomfort to the horse. |
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8.
When spoke to about the offences, the
accused indicated that she was aware of the
legislation and codes in relation to her
business. She further stated that all the
horses are
rounded up every 3 months and drenched for
worms and the teeth are checked regularly
by herself and the stockman. The accused
advised that the horses are not exercised to
prepare them for their work load and that no
veterinarians or pain relief had been
sought for the lame horses prior to the
inspection.
9.
A subsequent visit was conducted at the
property on the 11 October 2007 to check
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compliance with verbal
instructions. None of these had
been complied with.
Written instructions were then
issued on the 12 October 2007
confirming
previous verbal
instructions issued.
10.
Confirmation that a veterinarian
had attended was confirmed on
the 15 October 2007.
11.
On 2 November 2007, the officer,
Inspector KENDAL and Dr GOLDMAN
(Equine
veterinarian) returned to the
property for the purpose of
following up the instructions
issued by the veterinarian on
the 15 October 2007. The accused
was present and
an
inspection revealed that the
written instructions had not
been complied with. As a
result, Horse #3 (Buzz) was
euthaniased due to severe
lameness and further
instructions
were issued in relation to
several other horses.
12.
When questioned in relation to
the condition of Buzz (Horse #3)
and failing to comply with
instructions, the accused
indicated that although she had
purchased pain relief for the
horse she had not commenced the
treatment as she was waiting for
her manager to
return to bury the horse.
13.
In relation to Ginger (Horse
#12), the accused stated that
she had conducted her own
appraisal based on the horse's
degree of pain and suffering and
she did not believe that the
condition warranted Bute (pain
relief). The horse presented
with mild lameness and
it was agreed that the accused
would move the horse to the main
property and mange
the horse with pain relief under
guidance of her veterinarian.
14.
The officer confirmed that the
horse had been moved to the main
property
and was
receiving pain relief.
ORDERS SOUGHT UNDER THE
PREVENTION OF CRUELTY TO ANIMALS
ACT
1979 No. 200 (As amended) |
a:I The RSPCA seeks a further order for
costs in accordance with Section 30A(1) of
The Prevention of Cruelty to Animals Act
1979 No. 200
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OTHER ORDERS SOUGHT
1 1
The RSPCA seeks a moiety of any
fines imposed under Section 122
of the Fines Act 1996 No 99,
subject to the Courts approval.
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Upon conviction the RSPCA seeks an order
under Section 134O
1 of the Law
Enforcement (Powers and Responsibilities)
Act 2002 No 103, that the
defendant report
to
the Local Police Station to have their
fingerprints taken

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Courttney
Milton
RSPCA Inspector
Special Constable |
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