The woman is well-known for breeding pomeranian dogs, and horses.
The woman is well-known for breeding pomeranian dogs, and horses.
A well-known animal breeder has appeared in court charged with a number of offences after animals were allegedly discovered at her property in emaciated conditions - but the woman is claiming she is being harassed by the SPCA and wants her case dismissed, or transferred to Napier.
Lena Duncan- who lives in Peria in the Far North - is facing 16 charges of ill-treatment of an animal, mainly horses, and two relating to the unlawful transportation of an animal.
The Bulgarian-born woman first appeared in the Kaitāia District Court in August, entered not guilty pleas to all charges and elected a trial by jury and the case was transferred to the Whangārei District Court.
When her case was called in the Whangārei District Court this week, advocates from Bay of Islands Animal Rescue, including popular activist Summer Johnson, were present in support of the SPCA to hear Duncan represent herself via an audio-visual link from Dannevirke.
The hearing before Judge Gene Tomlinson was to set a date for trial, however, Duncan raised a number of issues throughout the proceeding.
Judge Tomlinson told Duncan although it was her right to represent herself, his advice was she seek legal counsel as she was facing serious charges.
“I do not have a lawyer because I could not find one,” she replied.
Duncan has filed an application seeking the charges be thrown out citing the Harassment Act but Judge Tomlinson said it does not apply to the criminal court.
“The Harassment Act cites a number of civil legislation that apply to civil court but these allegations are of criminal behaviour.”
Duncan questioned the legitimacy of the Crown lawyer representing the SPCA, Guy Carter, saying he had abused his power.
Crown prosecutor for the SPCA, Guy Carter, is representing the case against Duncan. Photo / BVA The Practice
“He’s abusing the court, he’s a Crown prosecutor but he also represents people in private matters,” she argued.
Judge Tomlinson advised her it was common practice for lawyers to be contracted into Crown agencies saying “many prosecutors work on both sides”.
Duncan also sought to have the case transferred to Napier as it was closer to where she now lives but Carter advised a direction had already been made in August that the case would not be transferred.
“Objection,” Duncan said.
“He doesn’t even know, because there was no application,” Duncan attempted to argue.
Judge Tomlinson told her if she sought a transfer, the appropriate application must be filed.
As the case was about to end, Duncan interjected and sought a direction from Judge Tomlinson that she be allowed to see her horses.
“I want to see my animals it has been over a year - I need to see them – I’m pretty sure you can allow that,” she said.
“I want to visit the horses to examine with my own vet and see if they are being looked after.”
As there were conflicting issues with bail conditions, Judge Tomlinson said he was not prepared to deal with her request today.
“I’m not going to change the rules for you on the fly. I understand the loss you are feeling, but we need to go through the motions to get everything right.”
Her case will be called in January for a number of pre-trial matters.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
