Published on:
02
May 2014
A farmer has been convicted of causing unnecessary suffering to a Border Collie which was being used as a working dog on his farm.
Ewan Campbell (66) from Shaw of Touch Farm, Stirling, was found guilty of an offence under The Animal Health and Welfare (Scotland) Act 2006 at Stirling Sheriff Court last week, and was fined £1000.
The case was reported by Animal Health & Welfare Inspectors from Stirling Council and Clackmannanshire Council, who visited his farm during May 2013 and found the dog lying in a shed covered in its own faeces. It had been struck by a farm vehicle the previous day, and was unable to get up. Ewan Campbell knew this, but failed to seek veterinary treatment for its injuries.
The Animal Health & Welfare Inspectors immediately took the dog to a local veterinary practice, where it was diagnosed as having severe spinal injuries. Sadly, it had to be euthanased in order to alleviate its suffering. A post mortem examination revealed that it had fractured vertebrae with associated fractured ribs and damage to the spinal cord resulting in paraplegia and incontinence. These injuries would have caused it severe pain and distress.
Ewan Campbell stated that he did not consider the dog to be in any significant pain or discomfort, and claimed that he was waiting to see if it showed any signs of improvement. However, the Court took the view that the extent of its injuries should have alerted him to the fact that there was a serious welfare problem, and so he should have sought immediate veterinary assistance.
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A spokesperson for the Animal Health & Welfare Service said: "In this case, the Border Collie dog was hit by a farm vehicle. This was an unintended and tragic accident. Mr Campbell cannot be blamed for this. However, he then failed to treat the dog or to seek veterinary assistance. This omission caused the dog very severe and completely unnecessary suffering.
"We hope that this conviction sends a clear message to those who are responsible for animals but fail to meet basic welfare requirements. The law is quite clear on this point - any animals which appear to be ill or injured must be cared for appropriately and without delay. If necessary, veterinary advice must be obtained as soon as possible. Animals must not be left to suffer."
Section 19(2) of The Animal Health and Welfare (Scotland) Act 2006 provides that where a person is responsible for an animal, they shall be guilty of an offence if they fail to take reasonable steps to prevent unnecessary suffering, in circumstances where they knew or ought reasonably to have known that their act or omission would be likely to cause unnecessary suffering.
Local Authorities are responsible for enforcing the provisions of The Animal Health and Welfare (Scotland) Act 2006. In this case, Clackmannanshire Council does so as part of a joint service with Stirling Council.