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Home / New Zealand

Man guilty of failure to care for pup

By Sandra Conchie of the Bay of Plenty Times
Bay of Plenty Times·
16 Feb, 2012 01:36 AM3 mins to read

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Trooper was found by members of the public at Gate Pa shops in Tauranga in November 2010 with the stubs of its mutilated ears raw and sore. Photo / supplied

Trooper was found by members of the public at Gate Pa shops in Tauranga in November 2010 with the stubs of its mutilated ears raw and sore. Photo / supplied

A man has been found guilty of failing to get veterinary care for an 8-week old puppy which had its ears chopped off.

The puppy, nicknamed Trooper, was found by members of the public at Gate Pa shops in Tauranga on November 27, 2010 with the stubs of its mutilated ears raw and sore.

At a defended hearing in Tauranga District Court yesterday, Elijah Kingi, 27, was found guilty of failing to provide veterinary treatment to ease the dog's pain and distress.

SPCA animal welfare inspector Jason Blair told the court he found the pup in an extremely distressed state.

"It was squealing and yelping in pain after having its both ears cut off. It was trembling and its eyes were wide open, black and glassy and it didn't want to be handled," he said.

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Mr Blair said he got immediate veterinary treatment for the puppy which was treated with a antibiotics and painkillers.

His inquiries lead him to Kingi's Anzac Ave address and when he visited him on November 30, 2010 he found a pile of bloody tissues at the back door.

Mr Blair said Kingi confirmed the dog had been in his care for a few days and claimed he had found the dog with flies on its scabby ears near the Merivale gas station about three days before it was then found at the Gate Pa shops.

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When he asked whether he had taken the injured puppy to a vet, Kingi stated he had thought about it, but didn't because he thought he "might get done for it".

Veterinarian Grant McKay from Welcome Bay Vet Clinic said the puppy's ears had been cut off near the base of its head possibly 2-4 days earlier. The wounds were raw and weeping and one ear showed signs of serious infection.

Mr Blair said there were two vet clinics within 700m of Kingi's home and the SPCA was within 3.5km.

Kingi gave evidence that he could not afford another dog but took the puppy home due to his concern for its welfare.

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He said he fed it and used some Savlon cream and tissues to mop up the blood and clean its ears.

"I took it to look after it because it didn't look like it was in a very good place where it came from," Kingi said.

He had thought about taking the puppy to a vet because it squealed when he touched its ears or when knocked, and it would start bleeding again.

Kingi's lawyer John Holmes argued that his client should not be penalised for his failure to get veterinary care for the pup which is not mandatory under the law.

Judge Ingram said he rejected Kingi's evidence, particularly that the puppy showed no signs of suffering which was "completely contrary" to Mr Blair and Mr McKay's evidence.

The judge said the law was clear on these matters and clearly Kingi had put his own interests ahead of the puppy's.

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He sentenced him to 100 hours of community work and ordered him to pay $250 towards the cost of the prosecution. He would have liked to have imposed a much bigger fine but Kingi was not in a financial position to pay it.

Rachael Adams, the lawyer who represented the SPCA free of charge, said Kingi's conviction and sentence sent a clear message that cruelty towards animals was treated seriously.

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