Tag Archives: unsuccessful appeal

Stroud, Gloucestershire: Ottilie Smith and James Gardner

#TheList Ottilie Smith, born June 1986, and James Gardner, born October 1981, both of Gibson Close, Stroud GL5 1HZ – left their dog to suffer with a severe skin condition

Ottilie Smith and partner James Gardner, who are parents, had not sought treatment for nine-year-old Mastiff Scrum’s significant skin problems.

A concerned member of the public reported the dog’s condition to the RSPCA and inspectors who attended the house ordered the couple to take Scrum for treatment – warning them about the consequences if they did not comply.

Prosecutor Kevin Withey told the crown court: “When the officers returned to the couple’s home they noticed the dog had not been treated and seized it.

“They took the dog to one of their veterinary specialists who examined the animal and said it was underweight and was suffering from alopecia and other skin ailments.

“The RSPCA funded the animal’s treatment, enabling its full recovery.”

Smith and Gardner had been convicted of animal cruelty by Cheltenham Magistrates Court at an earlier hearing in September 2019 but they lodged an appeal to the crown court against the sentence and they refused to sign over the dog so that the RSPCA could rehome him.

The court was told on Friday 6 December 2019, however, that the pair had dispensed with the services of their lawyer and had failed to turn up themselves to pursue the appeal.

The Judge, Recorder Adam Vaitilingham QC, then proceeded to hear the appeal in their absence.

He and two JP members of his bench concluded that the sentence imposed by the magistrates was appropriate and dismissed the appeal.

The court also formally assigned ownership of Scrum to the RSPCA.

Sentencing: ordered to pay £1,200 compensation and £100 each towards the appeal costs. Banned from keeping domestic animals for two years.

Gloucestershire Live

Additional information:
Ottilie Smith also uses the surname Segadelli. She owns a cleaning business called Shamazing which is also on Facebook. James Gardner was a director of James Gardner’s Groundworks Ltd alongside Smith, but this company was dissolved in 2018.

Abbey Hulton, Stoke: Alex Johnson

#TheList backyard breeder Alex Johnson, born c. 1989, of Elmsmere Road, Stoke-on-Trent ST2 8EFT – banned from keeping dogs after police found videos of him allowing canines to jump up and bite padded arm sleeves.

Backyard breeder Alex Johnson from Stoke-on-Trent has been banned from keeping dogs for five years

Police officers launched their investigation when a dog that Alex Johnson was looking after bit a woman’s arm, leaving her with puncture wounds.

It led them to videos of the defendant allowing a dog to scale a fence in pursuit of a toy and another of a dog jumping up and biting an arm sleeve as a whip was cracked to the floor.

Backyard breeder Alex Johnson from Stoke-on-Trent has been banned from keeping dogs for five years

But Johnson – who also works as a dog photographer and bare-knuckle fighter – says the footage was linked to his involvement in organised dog sports.

North Staffordshire Justice Centre heard the woman was bitten by a Bully XL called Loyal at 2.30 pm on June 16, 2018.

Prosecutor Tom Griffiths said: “The defendant told it to sit and when she went past, it bit her on the arm.”

Staffordshire Police applied for Johnson to be hit with a five-year dog ban – and backed up their application with three videos featuring Johnson and dogs.

Backyard breeder Alex Johnson from Stoke-on-Trent has been banned from keeping dogs for five years

One of them featured a Dutch Herder which the defendant said had been with the Slovakian army. Footage showed Johnson walking up and down with the dog as it displayed its ability to understand commands. It was also seen to run towards a man with a padded sleeve which the animal bit onto while a whip was being cracked.

Another video showed the defendant wearing an arm sleeve which his own dog jumped up to bite. Another clip showed Johnson’s dog on a treadmill.

Mr Griffiths said two of the videos showed the animals being antagonised.

Commenting on the clip of Johnson’s own dog, he added: “He wants a reaction and he’s trained it to be aggressive. He is not a fit and proper person to have dogs.”

The court heard Johnson has also bought into a company specialising in canine supplements. He says the footage of the Dutch Herder was put together because he was selling the dog and one buyer had requested to see more of the animal’s training.

He said: “The dog was as friendly as anything and was not a protection dog. All I did was keep up her training. She was friendly and everyone on the estate loved playing with her.”

Referring to the videos of his own dog, Johnson said: “I have had no issues with her. It’s ridiculous to say she’s trained to fight, anybody that knows anything about that breed knows they are not for fighting, she is a Pocket Bully. I breed small versions of Bullys.

“The whip crack is so they are not scared. When I go to seminars I always take her with me. All our puppies are used to different noises so when they go to new homes we don’t get complaints.

“My training is basic and the bite side of things I go to seminars. The training I do is obedience – sit, stay and heel. I go to organised events.”

Johnson admitted being in charge of a dog dangerously out of control on Priory Road, Abbey Hulton, on June 16. But a trial was held regarding the possible disqualification.

District Judge Timothy Boswell said: “The footage shows the dogs behaving in ways that are dangerous and the way you are encouraging them to behave potentially makes them dangerous, by encouraging them to jump up and bite.

“You and other men are having to wear arm sleeves – people don’t normally walk up and down the street with an arm sleeve in case a dog bites them.

“The dogs on the footage are behaving in dangerous ways and it is appropriate to disqualify you from having custody of a dog for five years.”

Sentencing: 40 hours of unpaid work; £85 victim surcharge. Banned from keeping dogs for five years.

Stoke Sentinel

===
On 2 November 2019 it was reported that Johnson had lost his appeal to have his five-year ban overturned.

Llandysul, Ceredigion: David and Evan Meirion Davies

#TheList farmers David Davies , born 1956, and brother Evan Meirion Davies, born 1969, both of Penffynnon Farm, Bangor Teifi, Llandysul SA44 4HX – for a catalogue of appalling cruelty to cattle

Cattle in the care of brothers David and Evan Meirion Davies were housed in terrible conditions, with no food, water or dry lying area.
Cattle in the care of brothers David and Evan Meirion Davies were housed in terrible conditions, with no food, water or dry lying area.

Brothers David Davies, and Evan Meirion Davies admitted 13 charges of animal cruelty.

The prosecution follows a visit by animal health officers and a Animal and Plant Health Agency vet to the farm in April 2018.

Officers found 58 cattle carcasses in various states of decay in the cattle sheds and surrounding fields. The remaining cattle were housed in terrible conditions, with no food, water or dry lying area.

The vet confirmed that the cattle were being caused unnecessary suffering, and also formed the opinion that the dead cattle had also succumbed to the horrendous conditions found in the sheds, and died of neglect. The vet had to euthanise two cattle to stop further suffering during visits to the premises.

This was the worst case of animal welfare neglect seen to date by the animal health team of Ceredigion County Council, they said.

In sentencing, the magistrates acknowledged the evidence of horrendous suffering, inadequate care and poor animal husbandry displayed by both defendants to the animals.

The Cabinet member responsible for public protection, Cllr Gareth Lloyd said: “This was a truly shocking case of neglect that caused terrible suffering to so many animals. We will not hesitate to act decisively whenever we need to protect animal welfare.”

“This was an extreme case, and in no way reflects on the dedication of the overwhelming majority of Ceredigion farmers in maintaining the highest standards of care for their animals.”

Sentencing:
16 weeks’ imprisonment suspended for 12 months. Ordered to pay costs to the council of £1,500 each. Disqualified from keeping any animals of any description for five years. The pair were allowed 28 days in which to make the necessary arrangements.

Cambrian News

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Update December 2019:
It was reported that the brothers lost their appeal against a ban on keeping animals.

They sought to appeal the initial guilty verdict despite pleading guilty earlier in the year, and they were claimed to have tried to frustrate the appeals process by securing a number of adjournments – a total of seven – in appeal hearings, before an eighth request to adjourn proceedings on Monday was not granted. Instead, a crown court judge decided to uphold the original judgement, referring to the case as “truly disturbing”.

Ceredigion Council admitted it had been frustrated by delays in the case, but said they were always confident that the ban initially imposed would not be overturned. Both Davies brothers appeared at Swansea Crown Court on Monday 02/12/19 to see their original sentences upheld.

The pair were ordered to pay Ceredigion Council costs of £420, on top of costs totalling £3,000 that they were ordered to pay in February.

Tivyside Advertiser

Preston, Lancashire: Carl Thomas Richardson

#TheList Carl Thomas Richardson, born c. 1981, most recently of Rose Lane, Holme Slack, Preston PR1 – kicked his pet dog “like a rugby ball” while drunk

Carl Thomas Richardson: career criminal, dog abuser.
Carl Thomas Richardson: career criminal, dog abuser. What is the POINT of him?

Richardson, a prolific criminal with  84 convictions for 137 offences, admitted kicking his dog, Pepper (not pictured), but said he was dazed after being violently assaulted.

Richardson got drunk at his grandfather’s funeral and was later left bleeding when a man assaulted him near his home, the bench at Preston Magistrates’ Court heard.

Image may contain: 1 person

A police officer arriving at the scene on August 23, 2017, saw Richardson with blood over his face, staggering about in the road and waving his arms before kicking three-year-old Pepper.

Image may contain: 1 person

It came to light during Richard’s appeal hearing that the police officer made a statement claiming Richardson drop kicked Pepper “like a rugby ball”, causing the dog to fly across the road. He had also made remarks he kicked the animal because it had not bitten his assailants “like it was supposed to”.

Convicted dog abuser and useless career criminal Carl Thomas Richardson from Preston
Convicted dog abuser and useless career criminal Carl Thomas Richardson from Preston

The judge was critical of the decision not to allow the police officer to give evidence during the original hearing.

He said: “We reject this application.

“The defendant deliberately kicked the dog on the street, whether it’s his dog or someone else’s is irrelevant.”

He pointed out the penalty would have been “far more severe” if the officer’s evidence was admitted.

Richardson admitted failing to ensure her needs were met.

Sentencing:
Total of £435 fines, costs and charges (ordered to pay an additional £250 in costs for his unsuccessful appeal). Banned from keeping animals for three years (expires June 2021).  

Lancashire Post 18/04/2018
Lancashire Post 15/06/2018

Bradford, West Yorkshire: Margaret and Gary Mazan

#TheList breeder Margaret Mazan, born 07/02/1961,  and husband Gary Mazan, born c. 1963, of Bradford, West Yorkshire – kept 14 Red Setters in the “worst conditions ever seen” by an RSPCA inspector.

Breeders Margaret and Gary Mazan from Bradford were jailed for animal cruelty after RSPCA inspectors found 14 Red Setters living in appalling conditions
Breeders Margaret and Gary Mazan from Bradford were jailed for animal cruelty after RSPCA inspectors found 14 Red Setters living in appalling conditions

Pedigree breeders Margaret and Gary Mazan had their dogs seized by the RSPCA and police on January 15, 2014 after concerns were raised by a Bradford Council dog warden.

During the raid they found some of the dogs were being kept in filthy cages in a shed, and others in cramped cages in the kitchen.

Breeders Margaret and Gary Mazan from Bradford were jailed for animal cruelty after RSPCA inspectors found 14 Red Setters living in appalling conditions

Breeders Margaret and Gary Mazan from Bradford were jailed for animal cruelty after RSPCA inspectors found 14 Red Setters living in appalling conditionsBreeders Margaret and Gary Mazan from Bradford were jailed for animal cruelty after RSPCA inspectors found 14 Red Setters living in appalling conditions

Breeders Margaret and Gary Mazan from Bradford were jailed for animal cruelty after RSPCA inspectors found 14 Red Setters living in appalling conditions
One of the dogs rescued from hellish conditions at the Mazans’ house

 

RSPCA Inspector Emma Ellis said: “The smell in that shed is one that I will never forget and when I look at the photos now the smell comes straight back to me.

“When the shed was opened, the smell literally knocked you over, you had to back off.

“These were the worst conditions I’ve ever seen dogs kept in.

“They couldn’t move and their fur was all matted and covered in faeces.

“Many of them had injuries to their tails where they had been crushed against the cages.

“The way that they were being kept was wholly unacceptable.”

As inspector Ellis attempted to open a gate, the dogs tried to get out and were jumping up with their heads through the bars.

When the dogs were removed, they dragged inspectors towards a white receptacle in the garden which contained a small amount of water.

All the dogs put their heads in there and drank the water before licking it dry.

Another setter was found in the kitchen, in a cage so small it could not stand up and there was no food or water.

A further setter was found in the bathroom with faeces on the floor.

All of the dogs needed veterinary treatment for dehydration, injured tails, eye conditions and had to be “dematted”.

In April 2015 Margaret and Gary Mazan were jailed by magistrates for six months and banned from keeping pets for life for animal welfare offences.

Breeders Margaret and Gary Mazan from Bradford were jailed for animal cruelty after RSPCA inspectors found 14 Red Setters living in appalling conditions
Shameless: convicted dog abuser Margaret Mazan

The jail sentence was later reduced to four months on appeal.

The couple then took the case to the High Court but their pleas were thrown out in February 2016.

In late March 2016 Judge Robert Bartfield activated the original punishments, commenting that he “totally accepted” the RSPCA and police evidence.

The court was told that boarding and veterinary costs for the dogs had run to more than £45,000, and an order to recoup £4,976 from the Mazans to cover the legal costs of the appeal hearings was refused after the pair said they had no savings, with Margaret Mazan claiming she had just £45 in the bank.

Sentencing:
Four months in jail. Banned from keeping any animals for life.  

Express
Telegraph and Argus

Coleraine, Co Londonderry: William David Streeter

#TheList William David Streeter (known as ‘Dave’), born 28/06/1979, of Cloyfin Park, Coleraine BT52 2BL  – viciously beat and strung up a one-year-old golden retriever in a terrifying two-day attack

Coleraine dog killer William David Streeter’s ban on keeping animals expires September 2018.

Streeter was convicted in July 2008 of seven counts of animal cruelty and one of making threats to kill. He initially appealed against his six-month prison sentence but later abandoned this.

In October 2006 Streeter left  Mac (pictured) hanging by his collar, kicked him with steel toe-capped boots and hit him with a boulder. He threatened to kill his wife two days after the dog’s death.

Mac died after Streeter put a choke chain around his neck and hung him from a rafter in his garage.

The dog suffered severe bruising and swelling to his back and head as well as two broken ribs. There was also evidence of bleeding on his brain and lungs.

Speaking to reporters after Streeter dramatically changed his plea, his ex-wife Alison McMonagle, who received overwhelming support from Rainbow Rehoming Centre as she prepared to face her violent husband in court, said: “I’m absolutely delighted with the result. I always said I would put Mac to rest and I’ve done that today.”

Ms McMonagle told reporters how Streeter had changed after they married. She said: “Dave … did not like anything of his things being ruined. Mac would have dug holes. But he was only a puppy.

Ms McMonagle said the violence was sparked after Streeter accused her of spending too much money.

“He started punching and kicking [the dog] and Mac ran behind a wall. Dave lifted a boulder and threw it at him. Then he put Mac in his kennel and put a hose in and told me ‘The bastard will drown’.

“He took him into the garage and tied him by his choker chain to the roof. He came back into the house and he was laughing at me. He was saying, ‘The fucker’s claws are scraping on the ground’.

“He went upstairs and came back down in his steel toe capped boots and went back out saying, ‘The fucker will feel this here’.

“The next day he went out and hung Mac in the garage again. He kept coming back into the house and giving me reports on what was happening. He came in said, ‘That will help him, I have just put a boot in his head’ and then he came back later and told me Mac was dead.

“I didn’t believe him but when I went out to the garage and saw Mac lying there I knew he had suffered a terrible death. You could see the pain in him.”

During the two-day attack, Ms McMonagle made numerous unsuccessful attempts to help Mac.

She said: “At one stage Dave put Mac in the kennel and told me not to go near him. I was really frightened. He used to tell me he knew how to make a person disappear. He told me all he had to do was mince the body and feed it to pigs.

“Dave is a very, very sick man. That part of my life can now be buried.”

Ms McMonagle asaid she took the difficult decision to speak about her ordeal in an attempt to bring an end to domestic abuse and animal cruelty.

Sentence:
Six months in jail. A 10-year ban on keeping animals (expires September 2018).

 

BBC News
Belfast Telegraph
Coleraine Times