Edenvale veterinarian considers legal action against NSPCA

Edenvale veterinarian Dr Shabeer Bhoola has sought legal advice to open a civil case against the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA).

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Bhoola, of Terrace Road Veterinary Hospital, is in the process of opening a defamation case after NSPCA made a post on Facebook, and distributed a media statement, about a recent animal abuse case he testified to in court.

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The case was heard at the Edenvale Magistrate’s Court on November 6.

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In its testimony, the NSPCA claimed Francois de Bruin had abused an eight-month-old tufted capuchin monkey, named Kenzi.

The presiding magistrate found de Bruin not guilty.

De Bruin legal representative, Hekkie Grobler of Brits, Pretorius and Grobler Incorporated Attorney’s, said his client was found not guilty according to section 174 of the Criminal Procedures Act.

The act states that if the court is of the opinion there is no evidence the accused committed the offence, referred to in the charge sheet by the prosecution, the court may find the accused not guilty.

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In the NSPCA’s statement, NSPCA special projects unit manager, Arno de Klerk, said Bhoola had changed his testimony.

De Klerk was quoted as saying that the change of Bhoola’s testimony was “exactly why the judgment was unfavourable.”

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When the NEWS met Bhoola on November 13, he provided the publication with a copy of his affidavit and the veterinary report.

“I never changed my testimony. I answered the question posed to me by the defence’s legal representative to the best of my ability,” said Bhoola.

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“When I saw the post made by the NSPCA, I was horrified and very upset.”

Bhoola said the information provided by the NSPCA to the public was inaccurate.

When the monkey was brought to Bhoola in 2016, it was in his care for approximately 30 minutes to an hour.

Bhoola said it was fully clothed and had wounds on its lower body and tail where a nappy would have covered it.

He said the wounds were comparable to that of third or fourth-degree burns.

At the time, it was estimated the wounds were present for either a few weeks or a few months.

In order to do a thorough assessment, the monkey was anesthetised but it died soon after.

“I never knew the full history of the monkey, but there was no question that the monkey suffered,” said Bhoola.

Grobler said his client was not negligent towards the monkey.

“De Bruin did everything he could to assist the monkey.”

Upon seeing the post made by NSPCA, Bhoola contacted his legal adviser who sent a formal letter to the NSPCA to remove the post.

Shortly afterwards, the post was removed.

In its response, the NSPCA gave a short comment.

“Normally we would relish the opportunity to comment,” said NSPCA public relations officer, Meg Wilson.

“Since Bhoola intends on taking this matter to court, we wish to hold onto our evidence.”

“The post has not affected my relationship with the Edenvale SPCA,” said Bhoola.

“For me, it is all about helping where I can.”