Council prosecutes after two dogs are abandoned
November 27, 2015
Mr Norman Lee of Laurelgrove Crescent, appeared in Newtownards Magistrates Court in September 2015 and again on 20th November 2015 on a number of animal welfare charges brought by Lisburn & Castlereagh City Council.
The case surrounded the welfare of two dogs. The Council’s Animal Welfare Service responded to a report from a member of the public on 12th February 2015 that two dogs were at a property at Laurelgrove Crescent, alone, and that their owner was on holiday. The report stated that the dogs were not being fed or walked. For the following two days an Officer visited the property, left notices and sealed the entrances to the property to ascertain if anyone was in fact going in and out of the property. On continual inspection it was established that no entry had been made.
The Animal Welfare Service provided food and water for the animals through the letterbox of the home.
On the 14th February the Council obtained a warrant to enter the property with a Veterinary Surgeon. The Animal Welfare Service and the Vet entered the house. Two dogs were found. There was no food available to the animals and only minimal water. On the recommendation of the Vet the Border Collie and West Highland Terrier were removed and placed in the care of the former Castlereagh Borough Council.
On the 16th February the owner of the dogs, Mr Norman Lee, telephoned the Animal Welfare Service from abroad to state that the dogs in question were in fact being looked after by a third party. He was however unable to provide any satisfactory evidence to support this claim, and, given the plight of the dogs, the Council refused to return the animals. Mr Lee refused to sign the dogs over to the Council so that steps could be taken to rehome them. This was despite numerous offers to this regard.
Some six months later the Animal Welfare Service was advised Mr Lee had returned to Northern Ireland (on 1st August). The Animal Welfare Service returned to Laurelgrove Crescent once again, and spoke to Mr Lee, again, and provided him with the opportunity to sign the dogs over to Lisburn & Castlereagh City Council. Mr Lee refused to do so.
In early September the Council then applied to the Court for a Disposal Order to allow the dogs to be rehomed by the Council. Mr Lee contested the Disposal Order but on 14th September the Court found in favour of Lisburn & Castlereagh City Council and costs of £4382.87 and £200 were awarded to the Council. Both dogs have since been rehomed by Assisi Animal Sanctuary.
In Newtownards Court on 20th November 2015, Mr Norman Lee pleaded guilty of causing Unnecessary Suffering to the two dogs, which is an offence contrary to Section 4 of the Welfare of Animals Act (Northern Ireland) 2011.
Mr Lee also pleaded guilty to Abandonment, which is an offence contrary to Section 14 of the Welfare of Animals Act (Northern Ireland) 2011.
The Judge imposed a sentence of three months’ imprisonment concurrently on each complaint, wholly suspended for three years. This means if Mr Lee commits any further offence within the next three years, he will go to prison (and would serve a 12 month sentence in respect of these matters).
The Defendant was fined £100 on each complaint, a total fine of £400. His Worship indicated that this fine was reduced by virtue of the Disposal Order fees and costs of approximately £4,500 which had already been imposed by the Court on 14th of September 2015 and which were being paid off by the Defendant.
The Judge also made a lifetime Disqualification Order under Section 33 (2) of the Welfare of Animals (NI) Act 2011. Disqualification under this subsection disqualifies a person (a) from owning animals; (b) from keeping animals; (c) from participating in the keeping of animals and (d) from being party to an arrangement under which that person is entitled to control or influence the way in which animals are kept. Costs of £119 were awarded to the Council and a £15 offender’s levy was imposed (with 26 weeks to pay same).
Councillor Brian Hanvey, Chairman of the Council’s Environmental Services Committee, said: “The Council gives high priority to the welfare of domestic pets and horses and we operate a rigorous enforcement policy, as this case demonstrates, in order to ensure our full compliance of regulatory requirements.
“Complaints are investigated thoroughly and where necessary offenders are prosecuted. We will not shy away from doing the right thing. I would like to state how impressed I am with the care, attention and thoroughness shown throughout the six months duration in getting this case resolved by the Animal Welfare Service and would commend those involved in bringing this case forward and for the amount of work they undertook.
“Due to a report from a concerned member of the public and the Council’s efforts these two dogs have now found a happy ending. I am delighted that the dogs will get the love and attention they need. Our sincere thanks go to Assisi Animal Sanctuary for its assistance in getting the dogs rehomed.”