Sentencing over seal pup death adjourned

Newly weaned fur seal pups are often seen on Northland beaches in winter. Photo / Ray Wiblin

The sentencing of a 67-year-old Ahipara farmer who admitted killing a protected fur seal pup and taking it home to feed his chooks has been adjourned.

Gregory Ernest Davan, who has already been prosecuted by the Far North District Council for owning dogs that attacked a protected species, appeared in the Kaitaia District Court on Thursday after admitting two charges laid by the Department of Conservation of taking and possessing a marine mammal.

Both charges carry maximum penalties of two years' imprisonment or a fine of up to $250,000 but the Crown is calling for community work.

However, Davan cannot currently be subjected to a community-based sentence because he is serving a prison term on an unrelated conviction.

Judge D A Burns delayed sentencing until August 30, by which time he should have been released. He told the defendant to prepare evidence of his financial means because DoC was seeking costs.

According to the summary of facts, two dogs attacked a young female fur seal on the beach at Ahipara on August 12 last year, leaving it seriously injured. Davan took the injured animal from his dogs and killed it by smashing its head against a rock.

Two Far North District Council animal control officers subsequently found the dead seal on Davan's property, the defendant admitting he took it home to feed it to his chickens.
Judge Burns accepted the defendant had killed the seal to put it out of its misery.

Defence lawyer Richard Parangi said the district council had accepted there was no nefarious intent in Davan's killing of the seal. He had thrown the body into the water but it had washed back, attracting his dogs once again, so he took it home to feed his chooks.

"He saw no option but to remove it from the beach," Mr Parangi said.

"This is not a matter of animal cruelty. Mr Davan is a very peaceful Muslim. There is nothing . . . to support any element of cruelty."

Davan was earlier convicted of the charge laid by the Far North District Council. A court order was issued for the dogs' destruction.