COMPANY FINED.

Auckland Star, Volume LXXI, Issue 197, 20 August 1940, Page 8

COMPANY FINED.

DROVING OF CATTLE.

S.P.C.A. PROSECUTES. Following legal argument which took place in the Police Court on August 9, when charges were brought by the Society for Prevention of Cruelty to Animals against W. and R. Fletch-r, Ltd.. and also against a drover. Kenneth Mackenzie Stevens, Mr. C. It. Orr Walker, S.M.. to-day decided that tb» former company could be prosecuted on :i charge of cruelty to animals, whereupon the company, for whom Mr. Ziman appeared, pleaded guilty to two charge of failing to provide proper and sufficient food and -water for cattle. When the case was first l>efore the Court on August 9. Stevens, for whoa Mr. King appeared, pleaded guilty t* two similar charges. Prosecuting for the society. Mr. K. C. Aekins said Steven* left Morrinsville oa May 29 last with 4SO bead of cattle and three calves and brought them lo Westfield, which was. reached on June 18 after being 21 days on the road. The society regarded this case as a had one and only in two instances did it know how the cattle fared for food and water. The* Society did know that 38 lame were taken out at Tuakau, 21 at Rangiriri and 9 at Ohinewai. "We don't know how many reached the works, or, in other words, whether any died of starvation on the way an." added counsel. Mr. Aekins quoted from a statement made by Harold James Barber, farm manager of Wesley College. Pacrata. who said, he saw approximately 400 head of cattle in a one acre and a half paddock in Barrett* Road. There was insufficient water and no feed. Alexander Wilson, shepherd at WetIcy College, Mr. Aekins said, gai* hi* opinion that cattle driving under the conditions he saw amounted to crueltr. Drover's Good Record. "The company has employed Mr. Steven* for 20 years."' said Mr. Ziman, •'and has always found him most compel out and reliable. The compaav's attitude in the present case is that Mr. Stevens followed the customary practice, and after careful ijcruiry, and taking independent veterinary advice, the company is unable to find that Mr. Stevens omitted any reasonable care or provision for those caule—as j« shown by the satisfactory condition*in which they arrived at the works. Xerertbeless the company lias no wish to place itself *t variance with the S-P.CUL, of which it has always been a supporter and whose, work it appreciates. For these reasons the company has advised Mr. Steven* to plead guilty, and. while unable to recognise that "any default has occurred in the present ease, gives an undertaking that in future 'clear instructions will be given to all .drovers that proper arrangements must ke made to supply ample food and water." Counsel's Submissions. Mr. Ziman added that Stevens and another capable drover were under eontract. Both experienced men, they were not servants of W. and K. Fletcher. Limited. The fact that Stevens took stock out at different places and sent them on by trucks showed that lie had done tie right thing. Lameness was not due to lack of food. The problem of getting railway trucks was a difficult one. It was submitted by Mr. King test Stevens bad not neglected the cattle, and l>ointcd out that the meat works wS&rf cattle to be in good condition when tkey arrived there. "Jt seems to me that the rompaay must have contemplated there -would br difficulty in obtaining grazing for the cattle." the magistrate said They ««*t have known the cattle would be more or less starved through no grazing. I widerstand tbc society has brought this case a* a warning, and that the company will sec that such a thing does not happen again. While I will not impose the maximum penalty I will inflict a substantial one."

The company was fined £10 on one charge and ordered to pay costs on tie other. The costs and solicitor"* fee totalled £7. Stevens was ordered to pay costs £1 4/ on one charge and £1 if solicitor* fee on the other.