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A lawyer has slammed the RSPCA siting “witness rehearsal” amongst a number of other accusations about the conduct of the anti animal cruelty organisation.

Solicitor Nigel Weller at Harwich Magistrates Court on Tuesday 11 December 2007 was defending in an RSPCA case. As a result of the District Judge’s concerns about what Mr Weller uncovered, the cruelty trial collapsed.

This was a private prosecution brought by the RSPCA against a lady experiencing her first taste of the legal system as a result of the RSPCA’s activities – was charged with offences of “cruelty” to her cats on the basis that she “failed to provide them with adequate nutrition” and “adequate veterinary care”.

In this case, the RSPCA’s vet had made two similar reports – which is often an indicator that something is not quite right. The first report made no reference to the animals either suffering unnecessarily or that there had been any failure to obtain veterinary treatment or adequate food. Following this report, the veterinary surgeon was given the pro-forma by the RSPCA and a second report followed.

In this second report, the same words in the pro forma appeared and it was asserted by the expert that the defendant had caused unnecessary suffering by failing to provide the animal with appropriate veterinary treatment and with adequate food.

The defence had tried to seek out, and claimed throughout the pre-trial procedure that they were entitled to see, documents provided to the RSPCA’s vet. Documents were finally disclosed as a result of court orders made during the trial. One such document appeared to the court to be a ‘pro-forma’ witness statement handed out by the RSPCA to its expert witnesses. This document purported to give the expert witness guidance as to the format and possible content of her report – indeed parts of the witness’s second report were direct quotes from this RSPCA generic “pro forma”.

The District Judge was very concerned by this matter, and also by the fact that the defence had been forced to cross-examine to uncover it during the hearing in front of him. Wording suggested by the RSPCA to its witness was couched in an extremely negative way. This amounted, the court found, to the rehearsal of a witness and, arguably, to “witness coaching”. Rehearsal and coaching of witnesses is well known to be unlawful in this country – a fact recently emphasised by the Court of Appeal R v Momodou & Limani.

The RSPCA’s document, for example, stated as follows:

“when you are of the opinion that the animals referred by you has suffered, you should qualify your opinion by explaining in layman’s terms who the animal has suffered, e.g. ‘it is my opinion, having taken into account the facts presented to me, the animal referred to as exhibit AB/1 has been caused unnecessary suffering by the person responsible for its care by them failing to provide the animal with veterinary treatment/adequate food’, etc”

It was argued by the defence, and accepted by the court, that even the most honest witness could be subliminally affected by reading such a document. The District Judge expressed his “grave concerns” about what had happened. There was no suggestion made by the defence in this case that the RSPCA’s expert witness had been dishonest, but the court decided that, in the light of the “pro forma” it would no longer be safe to give any weight to the whole of the RSPCA’s veterinary evidence. As a result the RSPCA was forced to offer no evidence – which it did reluctantly and with its usual lack of grace. The lady left Court, with the right result and her good character intact. However, this was only after months of worry about the case.

After the case, Defence Solicitor Nigel Weller said:

“This has been yet another difficult case, in which I have had to persuade the court to allow cross-examination about the way in which the RSPCA has prepared matters for trial. I am used to the RSPCA’s steadfast refusal to disclose obviously relevant documents, which the defence are entitled to have disclosed immediately. Putting to one side the question of ‘rehearsing’ witnesses, it is clear that any document, which a professional witness refers to, or relies upon, must be disclosed to the defence.

“In this case, I made numerous requests to the RSPCA’s Solicitors, but not even the expert witness ‘pro forma’ was disclosed. Indeed, this is a document, which I have never seen before in all of the cases I have done. It appears to be a generic document, which uses language that I recognise from experts in other cases. As recently as 7 December 2007, the RSPCA’s lawyers sent me a letter stating that ‘we have informed the District Judge that the prosecution are not serving any documentation prior to the commencement of the trial as you have requested’.

“Only cross-examination of the RSPCA’s vet uncovered the documents which had been given to her for the purposes of her second report. When it was uncovered, the District Judge rightly made very critical remarks about the ‘pro forma’ and indicated that he would not be prepared to give any weight to the RSPCA’s veterinary evidence.

“I am a specialist lawyer with a good knowledge of the RSPCA and its conduct of private prosecutions in particular. The RSPCA is a charity with no special powers, but it also has no complaints procedure or transparency. The handful of specialist animal welfare lawyers all know of the RSPCA’s conflicts with authorities and the courts. There is the infamous reported case of Attorney-General v RSPCA, where senior RSPCA employees were found by the Court of Appeal to have perverted the course of justice when disciplining an employee for allowing evidence to fall into the hands of defence lawyers, which assisted their clients’ case.

“My client and I cannot do anything to ensure that this awful experience does not happen to anyone else. There is a real danger that when other lawyers, not specialising in animal welfare law, take on cases against the RSPCA and take the RSPCA, and the evidence it presents, at face value. In my view, they should not do so.”

Death Of The Family Pet: A Proper Goodbye To Your Faithful Friend

As the words of a sad, but sweet, eulogy was echoed over the loudspeaker of a public address system, a spotlight began to slowly illuminate an object in the center of the show ring: a leash, attached to an empty training collar.

The Occasion?

It was graduation night for an obedience training class. As the graduating dogs sat silently by their owners, one spot in a row was obviously vacant. One of the dogs who was to have graduated had been struck and killed by an automobile just the night before.

The trainer continue to explain to those present that “A new sentry was on duty in Heaven… that the greatest animal trainer of all had seen fit to call little Chu Chu to duty elsewhere.” And finally, just before the graduation ceremonies began, a trophy was presented to the owner of the missing graduate. The trophy was inscribed, In Loving Memory, Chu Chu, Always First Place In Our Hearts.

To some people, this may seem like hogwash. Those types of people, however, have never experienced the joy, devotion, dedication, and unswerving loyalty demonstrated by a dog to its owner.

A family dog is willing to give his all, and he expects so little in return. He will laugh when you laugh, and be equally quick to cry with you. The whole world can turn its back on you and, as you sit wondering where you might find a friend in your dark hour of need, you feel the nose of your dog snuggling close. There he is, your friend!

Asking no questions, expecting no answers, desiring only a few moments of your love, a pat on the head, a little praise, is all he ever wants. And if he doesn’t get it, that’s okay, he’ll understand. He’ll still be your friend because you are number one in his life. His world revolves around you. Where you go, he wants to go, always your constant companion.

The Therapeutic Justice Of Pet Cemeteries

Pet cemeteries, which did not exist in the old days, have proved to be the answer to so many pet owner’s prayers. It is impossible to document the feeling of loss when a dog fancier loses his cherished pet. But one thing is certain, each dog owner knows that so much happiness and completeness came to him from his dog, and that to send his remains to the city dump, or to be chemically changed to fertilizer, is completely out of the question.

To offer him a decent burial in payment for the joy and devotion during his lifetime, is fast becoming the most popular answer. Whether it be a modest unmarked grave in the backyard, or a grave site marked with marble, it is only fitting that the one who gave so much be allowed to be remembered with dignity that he so faithfully earned. These are not monuments of sorrow or tragedy, but rather, monuments to the many years of happiness each and every canine brought to his owner.

Pet Owners Can Avoid Halloween Hazards

It’s no secret Halloween’s popularity is growing and is second only to Christmas in the United States for holiday decoration sales. While the appeal to children is obvious, adults have now pushed Halloween to the status of America’s wildest party time.

Family pets are often included in the festive mood or they are ignored, both of which can lead to veterinary medical problems. Estimates from 2006 showed 3.5 million Americans bought some type of Halloween product for their pets according to the American Pet Product Manufacturers Association.

A recent American Kennel Club survey showed only one in 10 dog owners can’t imagine not dressing up their pup. It also showed women like to dress pets up more than men do. At the same time, 78 percent of men felt that dressing up a pet is interesting if not downright cool.

The Washington State Veterinary Medical Association offers these tips for companion animal owners to ensure a safer All Hallows Eve.

— If Halloween demands you spend a lot more time with children, don’t be surprised if your pets get a little more demanding, too. Dogs are especially gregarious pack animals and by nature enjoy their role in the family. They tend to become more confused when they are left out of the group. A few seconds to acknowledge the pet with a pat on the head or some play when arriving home or leaving is sometimes all it takes to keep the “pack” stable and less demanding.

— Some shelters temporarily stop placement services at the end of October to prevent people from saying they will take placement of an animal only to become bored with that black cat after the party is over.

— There are a few scattered reports each year of animals being abused during Halloween. If your pets are all black, all white, or mixed black and white dogs and cats, realize theft or abuse of such pets can occur during the Halloween season. While the incidence of pet theft overall remains low, the likelihood of these uniquely colored critters being taken does tend to rise some.

— Fright Night is how many of us think of Halloween. To pets, it’s a night of confusion and turmoil. The house is frightening both visually and audibly. Strangers come to the door dressed in strange outfits. When children squeal, there is a tendency among dogs to protect or flee. Dog bites to Halloween visitors or unrecognizable family are not uncommon. All pets should be on leashes or contained to prevent running away or fearful biting.

— Candy is everywhere. Resisting the temptation to hand a piece to your pets is difficult. The animals don’t need the sugar load and other ingredients, so if you are a soft touch, consider keeping appropriate pet food treats in your pocket to pass off to the pooch. In addition, most importantly, keep the access to the candy bowl and trick-or-treat bags away from the animals.

— It is never appropriate or healthy to give alcoholic drinks to pets. It’s not funny either.

— Pet costumes can be hilarious if the pet isn’t submissive and fearful by all the fuss. Don’t force things on your pet just for your entertainment. If they don’t mind a costume though, make sure they are as safe from hazards like choking and fire as with a costume you’d put on a 2-year-old child.

— Remember how overheated you got cruising the neighborhood as a child trick-or-treater in costume? Pets can get overheated in costumes, too. Be sure your pet can walk, see, pant, and answer nature’s call in their costume.

— Don’t forget reflective tape on your pet’s collar or costume if you take them out. Make them visible to drivers and running children.

— If the pet costume uses elastic bands or straps to stay in place, they may cut the skin, decrease circulation or cause a strangulation hazard at the neck. Combine creativity with common sense when considering dressing a pet.

— As at any other time of the year, if your pet shows signs of illness or distress, take them to your family veterinarian. If you know Halloween is difficult for your pet and they are frightened, visit or call your veterinarian for advice and a possible prescription that may make this boisterous holiday more humane to your pets.

The WSVMA is a statewide, not-for-profit, professional organization for the benefit of veterinary medicine. The WSVMA has over 1,600 members, representing veterinarians, veterinary students and a broad spectrum of veterinary practice. The Association creates a strong practice community that provides education, representation and the sharing of ideas dedicated to advancing the science and art of veterinary medicine and its relationship to public health and agriculture. Visit the WSVMA Web site, www.wsvma.org, to learn more about the association and veterinary medicine and animal care.

Almost 20 million California households have pets at risk of harm during a disaster.

— Recent disasters and follow-up research have shown that proper
preparation and effective coordination of animal issues enhance the
ability of emergency personnel to protect both human and animal health
and safety.

— Ten to 25 percent of pet owners will fail to evacuate because of their
animals.

— Thirty to 50 percent of pet owners will leave pets behind, even with
advance notice of evacuation.  Many will return before it is safe or
“all clear” to rescue pets.

— Farmers and ranchers who depend upon animals for their livelihoods are
often unwilling to leave livestock unsupervised in the event of a
disaster.

— Plan Ahead:
— Pet owners should take steps to arrange for animals’ safety during
evacuation:
— Check with veterinarians for a list of preferred boarding kennels
and facilities.
— Be sure you have enough crates or other items to allow you to
transport all of your pets at the same time.
— Make sure your pets are wearing identification (tags, microchips,
etc.) that include your cell phone number or phone number of a
friend outside the area.
— Ask local animal shelters about emergency shelters or foster care
for pets.
— Identify pet-friendly hotels and motels outside of the immediate
area.
— Ask friends and relatives outside the disaster area to take in
evacuated pets.

— Get Ready:
— Emergency supplies and traveling kits should be kept updated and
handy, including:
— Pet first-aid and guide book
— Two week’s worth of your pet’s medications
— Copies of vaccination and medical records
— Canned (pop-top) or dry food and bottled water
— Feeding dishes
— Litter, disposable litter trays or paper toweling
— Extra leashes and collars
— Photos and descriptions of each pet
— Blanket (for covering and carrying a fearful pet)
— Carrier or sturdy traveling bag for each pet

— Minimize Evacuation Time:
— Store emergency kits and leashes as close to an exit as possible.
— Always bring pets indoors at the first sign or warning of a
disaster or severe storm.  Pets can become disoriented and wander
away from home during a crisis.
— Consider your evacuation route and call ahead to make
arrangements for boarding your pet outside of the danger zone at
the first sign of disaster.
— Ensure all pets wear collars and tags with up-to-date
identification.  Each pet’s ID tag should contain its name,
telephone number and any urgent medical needs.
— Microchip pet IDs provide a more permanent form of
identification.

The California Veterinary Medical Association has posted information about what to do to care for your pets in the event of a disaster and is gathering real-time information from its members in Southern California regarding the status of at risk pets and animals affected by the Southern California fires and needs to care for these pets.

As the days grow shorter, and the nights grow darker, many people across Scotland look forward to one of the last outdoor celebrations of the year – Bonfire Night. Before revellers get too excited about the festivities and start stocking up on fireworks, the Scottish SPCA would like to issue a warning about the potential harm these celebrations can cause animals. Domestic pets, livestock and wildlife are all at risk from the fear fireworks can create but there are simple steps which can be taken to minimise the problem.

Sharon Comrie, Deputy Head of the Scottish SPCA’s Uniformed Division said: “Around this time of year, the Society receives a large number of calls from concerned members of the public regarding fireworks. These calls range from queries about caring for distressed pets, to reporting crimes against animals.

“The morning after Guy Fawkes Night is also one of the busiest of the year for the Society’s Animal Welfare Centres. We see a large number of dogs and cats being brought into our Animal Welfare Centres and the majority have bolted in fear from their homes and gardens.

“For those planning a fireworks display, the Society suggests the use of quiet fireworks. Light displays are much less likely to frighten animals than the use of loud fireworks, which can go up to 120dB, the same level of noise as that produced by a jet engine.

“This year, remember to be considerate. Please make sure to tell neighbours in advance of any display. We are not trying to be killjoys – fireworks may be a lot of fun for people, but they can be a real cause of terror for animals of all types.

“We would also like to urge members of the public planning to build a bonfire to consider the local wildlife. Small animals such as hedgehogs and mice may crawl into a cosy looking pile of wood and brambles thinking that they have found the ideal place to hibernate. We have heard of far too many sad cases where these animals have been burnt alive.

“Please be vigilant, and if you are having a bonfire, build it as close to the time as possible before setting it alight. Another tip is to surround the pile with chickenwire and sand, which will reveal tracks of any animals that may enter. And always double check for wildlife before finally lighting the bonfire.”

“Pet owners will naturally be concerned about their own animals being distressed by firework displays but there are preventative therapies available. De-sensitisation CD’s can help them become used to the sound of fireworks.  DAP (Dog Appeasing Pheromone) diffusers or sprays, if used regularly for at least ten days earlier, can also reduce the likelihood of a pet becoming stressed. They are odour free but discharge a synthetic version of the pheromones mother dogs release in first few days after giving birth. Cat equivalents are now also available and these can be purchased from various veterinary surgeries or pet stores.”

“If you know that fireworks displays generally cause distress it is well worth taking the time to explore these options. This should be a safe and fun time for all the family – pets included.”