CRUELTY CHARGE DISMISSED

Auckland Star, Volume LXI, Issue 65, 18 March 1930, Page 5

CRUELTY CHARGE DISMISSED

"A REASONABLE VIEW." In the Otahuhu Police Court on Monday Sydney James Hastie was charged by the inspector of the Society for the Prevention of Cruelty to Animals with conveying calves in a motor vehicle with unnecessary cruelty. The defendant had brought from Morrinsville to Westfield 20 calves in a waggon 12ft by Cft 9in with a partition. When he was unloading the calves, one was found lying 011 the floor of the truck with its head under the partition, badly bruised by trampling. The inspector, who was present at the unloading, alleged that the calf had been in that position for nearly an hour, and produced witnesses to corroborate his charge. Giving evidence, the driver stated that he had stopped at least four times on the road to examine the calves, and found everything all right three miles from Otahuhu. He noticed nothing amiss until he reached Westfield, and then could do nothing to assist the calf until he had unloaded the others. W. G. Black, telegraph operator at Morrinsville, who had travelled with Hastie, corroborated this evidence. In dismissing the case, Mr. Lcvien, S.M., said that unquestionably the animal had suffered, but he could not state when that suffering commenced, or that it -was unnecessary. Cruelty to animals was a serious offence and he would not hesitate to punish offenders. However, he had no reason to disbelieve defendant and his witness. It was not for him (the magistrate) to say stockcarrying motors should have a window behind the driver, or shock absorbers on the car; it was not the Court's duty to say what was required in the way of regulations. Stock must suffer in transport, and he had to take a reasonable view. He considered the action was justified, and would bring to the notice of the proper authorities the requirements of stock transportation. The defendant did not ask for costs against 'the society.