http://www.9news.com.au/national/2015/05/24/11/44/farmers-sue-after-rspca-cull-herd Courts
12:06pm May 24, 2015
RSPCA forced to cough up $1.4m after farmers’ prize herd wrongfully culled
May 23, 2015: The RSPCA has been ordered to pay $1.4 million to a pair of breeders after a herd of cattle was wrongfully culled near Warrnambool.
The RSPCA has been ordered to pay $1.415 million after a field officer wrongfully culled a purebred cattle herd in Victoria’s southwest.
James Holdsworth and Heather Ellison successfully sued the association after 131 Murray Greys were shot while on agistment at Framlingham near Warrnambool in 2003.
RSPCA officer Jason Nicholls believed the animals were emaciated, abandoned and neglected and, with the assistance of others, put down the animals without the knowledge of the owners.
County Court Judge John Bowman found that while the cattle were lean to very lean, they would have recovered.
He found that Mr Nicholls acted in haste, possibly out of a desire to avoid confrontation, or because he was obstinate or impatient.
Mr Nicholls survived being shot in the face by a farmer while inspecting mistreated sheep in 1999.
The RSPCA has been successfully sued after a herd of purebred Murray Greys were culled. (9NEWS)
The plaintiffs in this case argued he should not have been reinstated doing field work with the RSCPA.
Barrister for the plaintiffs Peter Berman said, “The poor man was suffering from depression, post-traumatic stress after being shot. They allowed him to carry a rifle to perform duties he was clearly unsuited for. Then they tried to disown him by distancing themselves from him and let him carry the whole proceeding himself.”
James Holdsworth testified that he was in New South Wales at the time the Murray Greys were killed, and didn’t know the herd was going to be shot.
When told the news he went “absolutely mad” and drove through the night to get to the property.
There he saw a mat on the race, which the court heard was a method used by cattle thieves to hide footprints.
Farmers James Holdsworth and Heather Ellison. (9NEWS)
There was also tyre marks indicating a vehicle had backed up to the race.
Aside from the 131 culled Murray Greys, 185 are still missing.
Mr Berman said, “I think they may have just got lost in Framlingham somewhere, who knows?”
“We went to the police in the first place, they did nothing,” Mr Holdsworth said.
“But now I dare say with technology and bank accounts, which they can look through, they’d be able to track down a number of cattle and find at that date, they go back in years if they want to, and chase them up that way.”
Ms Ellison believes cattle were stolen.
“When we came back to the scene after travelling all night, we only found dry cows and calves and to the experienced cattleperson, you know very well what’s been done – and churned up yards,” she said.
“They were painted red and for reasons I don’t quite understand, but certainly the red paint would identify them, they didn’t end up at the abattoirs with the other cattle, so if anyone sees some red pained cattle running around, give us a phone call,” Mr Berman said.
“There were witnesses that weren’t called and I suspect they know far more than they’ve told anyone – if there are people in the police force with the will to investigate.”
Mr Holdsworth and Ms Ellison had shown Murray Greys and were excited to merge herds to mix carefully selected bloodlines, with ambitions of running a stud.
They were their “pride and joy” and they’d incurred debt moving them to preserve them during drought.
The court heard the partnership had gone to considerable lengths to look after them and provide feed.
They have been devastated by the cull, and estimated their loss of profit, including artificial inseminations, to be in the millions.
“Our stock were gone and they took our goods but they didn’t take out debt,” Ms Ellison said.
The RSPCA also unsuccessfully criminally prosecuted the pair.
The judge said the case had been relentlessly contested during 68 sitting days and some issues were fought almost to the point of the absurd.
The breeders emerged from court this week saying – “A win’s a win. You’ve got to be thankful for small mercies.”
The RSPCA may still appeal the judgement.
CEO Dr Liz Walker said outside court, “At this stage the execution of the judgment has been stayed for 30 days. So during this time, we’re going to consult with out legal team and see what our options are going forward.”
© ninemsn 2015
Read more at http://www.9news.com.au/national/2015/05/24/11/44/farmers-sue-after-rspca-cull-herd#jgg41KQFpoY4sb41.99
How do you know Monica Hall that he was a city slicker? and if you saw the report you would know that he was not on his own!
He attended the scene with a vet and a cattle sales agent. It was a combined effort and legally it is the vets medical decision if they need to be shot.
Read more at http://www.9news.com.au/national/2015/05/24/11/44/farmers-sue-after-rspca-cull-herd#jgg41KQFpoY4sb41.99
rspcaanimalcruelty 