JP admits castrating colt but says he thought it was legal

A gelding and a mare removed from George Hata remain in SPCA care.

An Opotiki justice of the peace has admitted castrating a horse but says he thought the procedure was legal, a court has heard.

George Hata has denied charges of performing a significant surgical procedure on a bay colt without reasonable excuse and failing to ensure the animal's needs were adequately met once gelded.

He is also alleged to have ill-treated the gelding by keeping a metal bit in its mouth, causing severe chafing.

The 69-year-old elected a jury trial, which is expected to finish today in the Tauranga District Court.

He faces a maximum penalty of six months in prison and a $25,000 fine after being prosecuted by the SPCA in October 2004.

A further charge of failing to adequately care for a mare was withdrawn during the first day of the trial yesterday.

The court heard that Hata castrated the colt illegally on September 27, 2004, and kept it in a pen for 19 days before and after the castration.

Opotiki District Council animal welfare officer Allan Wilson said he noticed the horse had been castrated after being impounded on October 8.

"The testes area around the scrotum was swollen," he said. "There was dry, encrusted blood all around its back legs."

He said Hata told him he had performed the procedure in the pen. "He said he'd castrated the bay but wasn't aware it was illegal."

Opotiki SPCA animal welfare inspector Carena Jenkins said Hata also admitted castrating the horse in a statement taken after she legally cautioned him.

Ms Jenkins authorised the removal of the gelding and mare from Hata and they remain in SPCA care.

The pens where the horses were kept were in good condition but there was inadequate food and water. "There was a lot of hay on the ground that had been defecated and urinated on." Water containers had only "sludge" at the bottom.

Hata allegedly told her he kept the horses in the pens to handle, drench and teach them to lead and tie up.

Opotiki veterinarian Sandra Hegh said it was "totally inappropriate" to keep a horse in a pen longer than 24 hours after a castration. They needed exercise to allow the wound to drain and minimise swelling.

She said horse castrations must be carried out by a vet or under a vet's direct supervision and required anaesthesia.

A castration performed without anaesthetic would be "unquestionably painful".

The court also heard that the gelding had wounds round its mouth caused by standing on a rope left dangling from a metal bit in its mouth.

Under the Animal Welfare Act 1999, the Crown must prove that Hata performed a "significant surgical procedure" without reasonable excuse.

Prosecutor Rob Ronayne said a reasonable excuse might be castrating a horse to save its life but not to save on a vet's bill.

In respect of the other charges, he argued Hata failed to fulfil his obligations as an owner, including providing proper food and water, and handling the horse in a manner to minimise pain and distress.

During cross-examination, Hata's lawyer, Gene Tomlinson, asked the three witnesses whether they were aware the act allowed castration of bovine animals under nine months.

He also asked Ms Jenkins whether the gelding was permanently disabled by the alleged abuse, to which she replied "no".