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Home / Bay of Plenty Times

Neglect of horse gains $500 fine

Bay of Plenty Times
30 Apr, 2010 10:02 PM3 mins to read

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A Bethlehem couple have each been fined $500 plus $130 court costs for failing to provide proper care to an emaciated horse.
In Tauranga District Court last week, Lou and  Valerie Gates, both in their early 60s,  pleaded guilty to one charge each of being the owners of the mare and
failing to ensure that the physical health of the mare was met in accordance with the provisions of Section 12(a) of the Animal Welfare Act.
The charge  carries a maximum penalty of six months' imprisonment or a fine of $25,000, or both.
The couple were convicted and sentenced by Judge Thomas Ingram.
They were provided with a copy of a photograph taken of the mare at the time it was seized by Tauranga SPCA, who sought the prosecution of  Mr and Mrs Gates.
The legal counsel for Tauranga SPCA, Rachael Adams, from the Adams and Horsley law firm who provided the Bay of Plenty Times with a copy of summary of facts and the photograph, said Judge Ingram commented in open court that the photograph "speaks for itself" in terms of why a prosecution was sought.
According to the summary of facts, between June 22 and July 6, Tauranga SPCA received five complaints from members of the public about the condition of the chestnut mare and her foal living at the couple's State Highway 2 Bethlehem property.
All the complaints were similar, describing the animals as having little to no feed and being in very poor condition.
Numerous messages  sent by  Tauranga SPCA  received no response. 
An animal welfare inspector finally made contact with Mr Gates on June 29 and warned him about a possible prosecution unless he took steps to improve the horse's condition.
 The animals were uplifted by SPCA officers on July 6. 
They found the mare  in an emaciated condition and the foal  thin but in reasonable condition.
Mrs Gates admitted that she and her husband owned the animals, and Mr Gates claimed the mare was skinny purely because she was still feeding her foal.
The mare and foal were subsequently transported to a local farm for treatment.
A vet described the mare as being emaciated with severe rain scald and with a body-condition score  one or two out of nine.
The foal was skinny but deemed not to be in immediate danger.
Mr Gates finally contacted the SPCA on September 1 and explained the condition of the mare was because he and his wife had fallen on hard times.
He admitted he should have done more and had been in denial.

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