The SPCA has had five hours of video evidence it was planning to present in an alleged animal cruelty case thrown out of court, because it was filmed by a TVNZ cameraman.
Judge Alistair Garland has ruled that the SPCA made "a very serious" breach of the Animal Welfare Act
while searching under warrant the Woodville property of dog breeder and former show judge David Balfour and his wife Daryl in March 2007, the Dominion Post reported.
The pair face four animal cruelty charges in relation to the alleged mistreatment of 87 dogs and 161 cats between August 2006 and March 2007.
They challenged the admissibility of evidence, claiming the search was unlawful.
The judge ruled that by allowing the cameraman to attend, the society breached the Bill of Rights Act, which protects a person's right to be free from unreasonable search and seizure.
He also found that the cameraman's major purpose had been for TVNZ's commercial programming and publicity for the SPCA, neither of which is permitted under the Animal Welfare Act.
However, remaining evidence from a search of the nine-hectare property could be used in court.
The Balfours are due to appear next month for a callover in Palmerston North District Court.
SPCA chief executive Robyn Kippenberger admitted the decision to allow the cameraman on the search was naive.
- NZPA
