Animal cruelty trial: Mangakino farmer Warren Koberstein accused of having malnourished and emaciated sheep and cattle

Warren Koberstein is accused of animal cruelty on his farm in Mangakino. Photo / Andrew Warner

A farmer is on trial in the Rotorua District Court accused of having animals that were “malnourished, emaciated and at the point of death” in what the Crown has described as chronic underfeeding and overstocking practices.

The jury has been told a vet tried to convince Warren Koberstein, of Mangakino, to have one of his sheep destroyed because it couldn’t walk, was malnourished and had one eye pecked out by a hawk. Koberstein’s response was that he had several one-eyed sheep and they were fine.

Koberstein has pleaded not guilty to 21 charges including eight counts of wilful ill-treatment of animals, nine counts of reckless ill-treatment of animals, three counts of failing to comply with obligations under the Animal Welfare Act and one charge of keeping an animal alive suffering unnecessary pain or distress.

Crown prosecutor Kris Bucher opened the Crown’s case on Monday and said the trial was about the chronic underfeeding of animals to the point at which they were starving and dying.

“It’s about the failure to treat animals who are suffering and put them out of their misery.”

The charges stem from a Ministry for Primary Industries notification in July 2019 after an alarm was raised by Koberstein’s vet about the condition of animals on the farm.

Animal welfare inspectors went to the farm in July and August.

“What they found was a case of seriously underfed sheep and cattle ... Many were malnourished, emaciated and at the point of death.”

Bucher said 463 pregnant ewes were found to be near death or needing immediate remedial action.

“Some of them were emaciated to the point they were unable to stand and were lying on their sides, unable to move.”

Inspectors found dead sheep, malnourished cattle and what was described as a “gross feed deficit” from insufficient grass cover.

The jury saw videos and photographs taken by the inspectors.

One of the videos was of a heifer that had fallen into a tomo and was lying at the bottom, unable to move. Koberstein told inspectors he thought it was dead already.

Bucher said a vet recommended one of the ewes with a pecked-out eye be destroyed, given the low likelihood of recovery and to relieve the pain of the missing eye.

“Mr Koberstein disagreed with the vets and insisted the ewe be treated. He argued he had several one-eyed sheep, and they are fine.”

Another video showed a deformed ewe that could not move its neck properly and another that had suffered an injury and could walk only with the leg buckled inwards and on the knuckle.

Bucher said Koberstein had been a farmer for 40 years. The trial was specific to the state of animals on his farm in July and August 2019 and whether he’d breached the Animal Welfare Act.

Bucher acknowledged farming was a difficult job and could be affected by many things, including floods and droughts.

“Sometimes animals die, that is a fact of life and a fact of farming. But this trial isn’t about that.”

Ensuring the animals were fed properly was in Koberstein’s control. He could have brought in more feed or sold stock, Bucher said.

Koberstein’s previous conduct

The Crown would produce evidence the ministry had frequently been in contact with Koberstein about the state of his animals.

The jury would hear that, in 2000, 2013, 2015 and 2016, Koberstein was formally put on notice the condition of his animals fell below minimum standards, Bucher said.

During this period, more than 80 dead sheep were found on his farm and others were ordered to be destroyed to end their suffering.

In 2016, the ministry ordered Koberstein to get a consultant to write a report. The report concluded Koberstein’s farming practices needed to change because of the feed deficit on the farm.

Koberstein refused to give the ministry the report, saying the consultant was “an idiot”.

Bucher said the ministry had to obtain a specific order, similar to a search warrant, to get the report.

The evidence showed Koberstein had been put on notice “time and time again”.

What the defence says

Koberstein’s lawyer, Fletcher Pilditch, gave a brief opening on Monday, asking the jury to keep an open mind and refrain from emotional responses.

He said it was alleged Koberstein embarked on a course of conduct knowingly, but a large issue for the jury would be what was in his mind at the time.

“And that’s because 18 out of the 21 charges concern what he was thinking ... You have to be thinking did he ill-treat these animals, what were his actions? What did he fail to do? What was he trying to do, if anything?”

Pilditch said the jury needed to assess Koberstein’s failures and whether he was trying.

The case was not about prejudice.

“Most of us would rather not know where our steak comes from, where our burgers come from, where our lamb chops come from. A farm is an exercise in the management of animals for the purpose of production ... They are production animals, they are not pets.”

Everyone would react if they saw a cast sheep, a dead animal or one that had become weak and thin.

“But you can’t judge the issue on that basis, because that would be prejudicial.”

The trial is before Judge Tony Snell and is set down for two to three weeks.

Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.