NIGEL – In what will become known as a landmark case the suspects accused of being involved in illegal and organised dog fighting events, were sentenced to imprisonment by presiding magistrate Juan Voogt in the Nigel Regional Court on April 18.
A total of 18 suspects were charged after intervention by the National Society for the Prevention of Animal Cruelty (NSPCA) in November 2013, after 14 severely injured dogs were removed from a house in Tsakane, known as ‘the fight ring’. In court, NSPCA senior inspector Wendy Willson testified, saying that some of the animals had to be euthanased as a result of their injuries.
It has been a challenging trial in which the current, outdated sentencing proposals contained in the Animal Protection Act (Act 71 of 1962), had to be considered, but a guilty verdict was finally handed down by Mr Voogt on February 10. He specifically pointed out gaping holes in the accused’s arguments and the version of events in contrast to the state witnesses, who were logical and clear in their testimonies. Some of the accused were found to have been spectators at events, while others were directly involved in the organising thereof and many were dog handlers.
In his closing arguments, regional court state prosecutor Bradford Dias said dog fighting is a crime which threatens the whole foundation of a society and that the court has an obligation to protect all animals.
Referring to the outdated proposals of the Animal Protection Act, Dias said: “The court is being prescribed by the proposals contained in the act, but a two year imprisonment sentence seems insufficient. The state will therefore request a more appropriate and suitable sentence and also compensation, as members of the NSPCA invested their own time and money into this case.”
In delivering his sentencing, Mr Voogt said that a clear message has to be sent out that dog fighting is an illegal, barbaric offense. “It tears at the moral fabric of a society. It condones a level of violence and cruelty that not only has great consequences for the community that tolerates its existence but it also walks hand in hand with other criminal activities,” he said.
He ordered that two years correctional supervision (under 24 hours house arrest), would be an appropriate punishment to the 10 men accused of being indirectly involved in the crime. They were also ordered to 360 hours community service each and awarded compensation to the NSPCA in the amount of R5 000 each (to be paid on/or before November 1). The accused’ have also been ordered to participate in different Life Skills programmes, proof of which needs to be submitted to the court.
The remaining four men were sentenced to two years imprisonment each. The court ordered that none of the accused may possess or own a dog for a period of five years, and they have been declared unfit to possess a firearm under the Firearms Control Act.
The NSPCA has welcomed the sentencing, saying it was a groundbreaking case where the outdated recommendations of the Animal Protection Act proved to be a challenging factor.
Speaking outside the court, Willson said this particular case was only one example of the multiple dog fighting cases that the Special Investigations Unit of the NSPCA currently hold in courts across the country.
