Decision Maker
RSPCA NSW
Decision Maker
RSPCA NSW
Thank you again for your continued interest in this matter and passion for animal welfare. Please find the latest update below - RSPCA NSW have charged a 35 year old Thirlmere man with five charges of animal cruelty in relation to 4,000 hens after an investigation into a barn egg farm at Lakesland, just outside Sydney. A court date is yet to be set. All charges brought under the Prevention of Cruelty to Animals Act.
Thank you again for your continued interest in this matter and passion for animal welfare. Please find the latest update below - RSPCA NSW have charged a 35 year old Thirlmere man with five charges of animal cruelty in relation to 4,000 hens after an investigation into a barn egg farm at Lakesland, just outside Sydney. A court date is yet to be set. All charges brought under the Prevention of Cruelty to Animals Act.
Thank you everyone for your interest in this ongoing investigation. On 20 June 2018 we received footage of dead and dying hens at a barn egg farm. That footage can only be described as truly horrifying. RSPCA NSW Inspectors immediately commenced an investigation, and attended the farm that afternoon. We had received incomplete intel 10 days prior. During the initial complaint, we were not given an address, and we asked the informant to call back with further information, however that did not happen. With an incomplete complaint, and incorrect information that the police were handling the matter, RSPCA Inspectorate protocol was followed, which meant that RSPCA did not at that time intervene in a police matter. Between Wednesday 20 June and Friday 6 July 2018, RSPCA NSW attended the Lakesland property every day except for three. On four occasions, RSPCA attended with a Local Land Services District Veterinarian, on a further two occasions, with an expert avian veterinarian, and on another occasion with an industry consultant. Having found symptoms signs of potential notifiable diseases, samples were taken, and tests were conducted by both vets. Due to the potential of contagious notifiable diseases, biosecurity protocols were instilled. In accordance with Inspectorate policy, legally binding 24N Written Directions were issued to the owner of the hens to comply with improving welfare standards within a short period of time. On the same day, a number of birds were seized under the Prevention of Cruelty to Animals Act and remain central to the animal cruelty investigation. The hens had sufficient food and water every day while inspectors were on site, and welfare conditions were improving. We attempted to negotiate with the owner of the hens to release some hens to rescue groups, but following an alleged trespass event where activists were allegedly violent and attempted to steal hens, he refused to cooperate with any rescue groups. Both the Local Land Services veterinarian, and the avian expert veterinarian on separate occasions collected and sent samples for testing. Results were received from both indicating that the flock was positive for Infectious Laryngotracheitis (ILT) - a highly contagious, respiratory disease caused by a herpesvirus. ILT does not pose a risk to human health, however it has a mortality rate of up to 70% in poultry. ILT has a rapid spread, and symptoms were present in the vast majority of the flock. There is no cure for infected birds and they will be carriers of the disease for life. Consent was given by the producer to the Local Land Services (LLS) for the euthanasia of the flock, for biosecurity considerations, to protect other flocks and industry. This was carried out by a private contractor on behalf of the LLS. LLS is a NSW Government agency. As LLS were the ones to handle this matter, they are the best agency to contact if you have further questions. However, we can confirm that RSPCA inspectors were on the property to ensure the hens were euthanised humanely. The owner of the hens remains under investigation by RSPCA NSW for multiple alleged serious animal cruelty offences. Evidence continues to be compiled with a view to consideration of prosecution. While we understand it can be frustrating, it takes time for a robust animal cruelty case to be built and veterinary and other evidence must be compiled. The RSPCA does not have the power to simply shut an agricultural enterprise down. In serious animal cruelty prosecutions the RSPCA does seek prohibition orders to stop people convicted of these offences from owning animals again, and in many cases the court makes the orders sought. Penalties for animal cruelty can be up to $22,000 and 5 years in jail, or for a corporation, $110,000. There is currently a review of the animal welfare legislation in NSW underway. If you support increased maximum penalties for animal abusers, increased powers for the RSPCA and tougher laws, have your say to the Department of Primary Industries before the public consultation period closes at 5pm Sunday 22 July 2018: https://www.dpi.nsw.gov.au/animals-and-livestock/animal-welfare/improving/improving-the-current-legislation-penalties-and-critical-situations
Thank you everyone for your interest in this ongoing investigation. On 20 June 2018 we received footage of dead and dying hens at a barn egg farm. That footage can only be described as truly horrifying. RSPCA NSW Inspectors immediately commenced an investigation, and attended the farm that afternoon. We had received incomplete intel 10 days prior. During the initial complaint, we were not given an address, and we asked the informant to call back with further information, however that did not happen. With an incomplete complaint, and incorrect information that the police were handling the matter, RSPCA Inspectorate protocol was followed, which meant that RSPCA did not at that time intervene in a police matter. Between Wednesday 20 June and Friday 6 July 2018, RSPCA NSW attended the Lakesland property every day except for three. On four occasions, RSPCA attended with a Local Land Services District Veterinarian, on a further two occasions, with an expert avian veterinarian, and on another occasion with an industry consultant. Having found symptoms signs of potential notifiable diseases, samples were taken, and tests were conducted by both vets. Due to the potential of contagious notifiable diseases, biosecurity protocols were instilled. In accordance with Inspectorate policy, legally binding 24N Written Directions were issued to the owner of the hens to comply with improving welfare standards within a short period of time. On the same day, a number of birds were seized under the Prevention of Cruelty to Animals Act and remain central to the animal cruelty investigation. The hens had sufficient food and water every day while inspectors were on site, and welfare conditions were improving. We attempted to negotiate with the owner of the hens to release some hens to rescue groups, but following an alleged trespass event where activists were allegedly violent and attempted to steal hens, he refused to cooperate with any rescue groups. Both the Local Land Services veterinarian, and the avian expert veterinarian on separate occasions collected and sent samples for testing. Results were received from both indicating that the flock was positive for Infectious Laryngotracheitis (ILT) - a highly contagious, respiratory disease caused by a herpesvirus. ILT does not pose a risk to human health, however it has a mortality rate of up to 70% in poultry. ILT has a rapid spread, and symptoms were present in the vast majority of the flock. There is no cure for infected birds and they will be carriers of the disease for life. Consent was given by the producer to the Local Land Services (LLS) for the euthanasia of the flock, for biosecurity considerations, to protect other flocks and industry. This was carried out by a private contractor on behalf of the LLS. LLS is a NSW Government agency. As LLS were the ones to handle this matter, they are the best agency to contact if you have further questions. However, we can confirm that RSPCA inspectors were on the property to ensure the hens were euthanised humanely. The owner of the hens remains under investigation by RSPCA NSW for multiple alleged serious animal cruelty offences. Evidence continues to be compiled with a view to consideration of prosecution. While we understand it can be frustrating, it takes time for a robust animal cruelty case to be built and veterinary and other evidence must be compiled. The RSPCA does not have the power to simply shut an agricultural enterprise down. In serious animal cruelty prosecutions the RSPCA does seek prohibition orders to stop people convicted of these offences from owning animals again, and in many cases the court makes the orders sought. Penalties for animal cruelty can be up to $22,000 and 5 years in jail, or for a corporation, $110,000. There is currently a review of the animal welfare legislation in NSW underway. If you support increased maximum penalties for animal abusers, increased powers for the RSPCA and tougher laws, have your say to the Department of Primary Industries before the public consultation period closes at 5pm Sunday 22 July 2018: https://www.dpi.nsw.gov.au/animals-and-livestock/animal-welfare/improving/improving-the-current-legislation-penalties-and-critical-situations
RSPCA NSW prosecuted Mr Richard McCudden in 2016, resulting in a criminal conviction, positive welfare outcomes and court-imposed limitations on the number of cats he was allowed to keep. The matter was finalised in Cowra Local Court on 15 December 2016. The magistrate found Mr McCudden guilty under the Prevention of Cruelty to Animals Act and he was sentenced. Despite the RSPCA seeking a total prohibition order and custody of the cats it had seized, the magistrate merely limited Mr McCudden from owning more than 33 cats. His sentence also involved strict veterinary conditions, a Good Behaviour Bond and more than $180,000 in costs. There is currently a "severity appeal" so there is a stay on the limitation of the number of cats Mr McCudden is able to own, imposed by Cowra Local Court and it is not presently enforceable by RSPCA NSW until the appeal is finalised in court. RSPCA NSW inspectors monitor the remaining cats regularly to ensure their welfare. Despite the appeal and stay on restrictions, our very recent inspection revealed there are only three cats in total on the property – all in good health, with permanent structures in the enclosure allowing constant access to water and shelter, and constant access to food. Whilst we understand Mr McCudden’s neighbour, Mr Keith Climpson, is upset at and frustrated by the Court’s decision, RSPCA NSW has fulfilled its obligations in putting the matter and all admissible information before the Court. We are also fulfilling our ongoing welfare obligations by closely monitoring any remaining cats on the property. At this point in time there is a complete absence of welfare breeches at the property. There have been no welfare breeches at this property for a very long time, despite regular inspections by RSPCA NSW inspectors, and despite claims to the contrary by Mr Climpson. We have attempted to have rational conversations with Mr Climpson on the facts of this situation, with little to no success. We don’t propose to continue to engage in a debate with him about events which have been overtaken by RSPCA NSW enforcement action and the subsequent court process. RSPCA NSW takes reports of animal cruelty very seriously and investigates accordingly. Where evidence allows, RSPCA NSW prosecutes cases of animal cruelty through the court systems, such as the case of Mr McCudden.
RSPCA NSW prosecuted Mr Richard McCudden in 2016, resulting in a criminal conviction, positive welfare outcomes and court-imposed limitations on the number of cats he was allowed to keep. The matter was finalised in Cowra Local Court on 15 December 2016. The magistrate found Mr McCudden guilty under the Prevention of Cruelty to Animals Act and he was sentenced. Despite the RSPCA seeking a total prohibition order and custody of the cats it had seized, the magistrate merely limited Mr McCudden from owning more than 33 cats. His sentence also involved strict veterinary conditions, a Good Behaviour Bond and more than $180,000 in costs. There is currently a "severity appeal" so there is a stay on the limitation of the number of cats Mr McCudden is able to own, imposed by Cowra Local Court and it is not presently enforceable by RSPCA NSW until the appeal is finalised in court. RSPCA NSW inspectors monitor the remaining cats regularly to ensure their welfare. Despite the appeal and stay on restrictions, our very recent inspection revealed there are only three cats in total on the property – all in good health, with permanent structures in the enclosure allowing constant access to water and shelter, and constant access to food. Whilst we understand Mr McCudden’s neighbour, Mr Keith Climpson, is upset at and frustrated by the Court’s decision, RSPCA NSW has fulfilled its obligations in putting the matter and all admissible information before the Court. We are also fulfilling our ongoing welfare obligations by closely monitoring any remaining cats on the property. At this point in time there is a complete absence of welfare breeches at the property. There have been no welfare breeches at this property for a very long time, despite regular inspections by RSPCA NSW inspectors, and despite claims to the contrary by Mr Climpson. We have attempted to have rational conversations with Mr Climpson on the facts of this situation, with little to no success. We don’t propose to continue to engage in a debate with him about events which have been overtaken by RSPCA NSW enforcement action and the subsequent court process. RSPCA NSW takes reports of animal cruelty very seriously and investigates accordingly. Where evidence allows, RSPCA NSW prosecutes cases of animal cruelty through the court systems, such as the case of Mr McCudden.
RSPCA NSW has been aware of Keith Climpson’s change.org petition “Tell the RSPCA NSW that this is Cruel” for some time. We know the conditions at “Camp Kitty” were cruel, and that’s exactly why we prosecuted Mr Richard McCudden in 2016, resulting in a criminal conviction, positive welfare outcomes and court-imposed limitations on the number of cats he was allowed to keep. The photographs and correspondence on Keith Climpson’s change.org petition are 18 months – 2 years old, and pre-date the lengthy and costly court process the RSPCA undertook. The matter was finalised in Cowra Local Court on 15 December 2016. The magistrate found Mr McCudden guilty under the Prevention of Cruelty to Animals Act and he was sentenced. Despite the RSPCA seeking a total prohibition order and custody of the cats it had seized, the magistrate merely limited Mr. McCudden from owning more than 33 cats. His sentence also involved strict veterinary conditions, a Good Behaviour Bond and more than $180,000 in costs. RSPCA inspectors monitor the remaining cats regularly. Our very recent inspection revealed there are only four cats in total on the property – all in good health, with permanent structures in the enclosure allowing constant access to water and shelter, and constant access to food with a full time caretaker living on the property. As detailed above, the photographs on the change.org petition are outdated and in no way resemble the current welfare status on the property. Whilst we understand Mr Climpson is upset at and frustrated by the Court’s decision, RSPCA NSW has fulfilled its obligations in putting the matter and all admissible information before the Court. We are also fulfilling our ongoing welfare obligations by closely monitoring any remaining cats on the property. We have attempted to have rational conversations with Mr Climpson on the facts of this situation, with little to no success. We don’t propose to continue to engage in a debate with him about events of long ago which have been overtaken by RSPCA NSW enforcement action and the subsequent court process. RSPCA NSW takes reports of animal cruelty very seriously and investigates accordingly. Where evidence allows, RSPCA NSW prosecutes cases of animal cruelty through the court systems, such as the case of Mr McCudden.
RSPCA NSW has been aware of Keith Climpson’s change.org petition “Tell the RSPCA NSW that this is Cruel” for some time. We know the conditions at “Camp Kitty” were cruel, and that’s exactly why we prosecuted Mr Richard McCudden in 2016, resulting in a criminal conviction, positive welfare outcomes and court-imposed limitations on the number of cats he was allowed to keep. The photographs and correspondence on Keith Climpson’s change.org petition are 18 months – 2 years old, and pre-date the lengthy and costly court process the RSPCA undertook. The matter was finalised in Cowra Local Court on 15 December 2016. The magistrate found Mr McCudden guilty under the Prevention of Cruelty to Animals Act and he was sentenced. Despite the RSPCA seeking a total prohibition order and custody of the cats it had seized, the magistrate merely limited Mr. McCudden from owning more than 33 cats. His sentence also involved strict veterinary conditions, a Good Behaviour Bond and more than $180,000 in costs. RSPCA inspectors monitor the remaining cats regularly. Our very recent inspection revealed there are only four cats in total on the property – all in good health, with permanent structures in the enclosure allowing constant access to water and shelter, and constant access to food with a full time caretaker living on the property. As detailed above, the photographs on the change.org petition are outdated and in no way resemble the current welfare status on the property. Whilst we understand Mr Climpson is upset at and frustrated by the Court’s decision, RSPCA NSW has fulfilled its obligations in putting the matter and all admissible information before the Court. We are also fulfilling our ongoing welfare obligations by closely monitoring any remaining cats on the property. We have attempted to have rational conversations with Mr Climpson on the facts of this situation, with little to no success. We don’t propose to continue to engage in a debate with him about events of long ago which have been overtaken by RSPCA NSW enforcement action and the subsequent court process. RSPCA NSW takes reports of animal cruelty very seriously and investigates accordingly. Where evidence allows, RSPCA NSW prosecutes cases of animal cruelty through the court systems, such as the case of Mr McCudden.
RSPCA NSW have received formal reports through our cruelty hotline about the welfare of pets in a pet shop at Parklea Markets in Sydney. We take all complaints of animal cruelty very seriously and have sent out inspectors to investigate. Our inspector attended on Saturday 11 February, and found that all the puppies and kittens had been removed and the shop owner had taken them home the afternoon before. None of the shops at Parklea Markets had any puppies or kittens on this day. They had all been removed due to the heat. The conditions at this home address also are part of the ongoing investigation. However - due to evidence supplied in formal reports through our cruelty hotline, this incident is currently under investigation in relation to breaches to the Department of Primary Industries’ Code of Practice relating to pet shops that may have occurred on the Friday: http://www.dpi.nsw.gov.au/__data/assets/pdf_file/0019/244018/Animal-welfare-code-of-practice-animals-in-pet-shops.pdf The Code specifies that a pet shop can only operate when the temperature inside the cages is between 15 and 30 degrees Celsius. Our inspector measured the temperature inside the shop on Saturday at 39 degrees Celsius. As well as an ongoing investigation, our inspectorate will continue to closely monitor the pet vendors at this location, especially in relation to temperature violations as the Sydney heatwave continues. The vendors have been given strict instructions to leave the animals at home in the cool and not bring them into the shop until the weather is under 30 degrees Celsius, and this will be closely monitored. We are continuing to investigate this incident. While penalties of breaching the Code of Practice include imposition of fines, if an animal suffers and offences under the Prevention of Cruelty to Animals Act can be proven, penalties can include jail time. We understand this change.org petition is requesting we “stop the selling of animals at Parklea Markets”. The only way pet shop vendors can be shut down is by decision of a magistrate through a court-ordered prohibition order after a successful prosecution. Markets like this, even when run “well", are no place for the sale of animals. RSPCA NSW’s position paper on pet shops outlines much stricter regulations around pet shops that we are actively advocating for. You can read the full paper here: http://kb.rspca.org.au/afile/222/56/ This is just yet another reason why you should adopt, not shop. There are several pet shops in the vicinity of Parklea Markets. One particular vendor who has no breaches of the Code, and has always cooperated with us, has been mis-identified by online justice-seekers and has received death threats and physical abuse. Even with the best of intentions, this is never, ever acceptable. We understand that pets are part of our families, and they evoke a very emotional response, but please let the authorities do their job. The best thing you can do to stop animal cruelty is to make a formal confidential report on 1300 CRUELTY (1300 278 3589) so we can investigate, or call the police.
RSPCA NSW have received formal reports through our cruelty hotline about the welfare of pets in a pet shop at Parklea Markets in Sydney. We take all complaints of animal cruelty very seriously and have sent out inspectors to investigate. Our inspector attended on Saturday 11 February, and found that all the puppies and kittens had been removed and the shop owner had taken them home the afternoon before. None of the shops at Parklea Markets had any puppies or kittens on this day. They had all been removed due to the heat. The conditions at this home address also are part of the ongoing investigation. However - due to evidence supplied in formal reports through our cruelty hotline, this incident is currently under investigation in relation to breaches to the Department of Primary Industries’ Code of Practice relating to pet shops that may have occurred on the Friday: http://www.dpi.nsw.gov.au/__data/assets/pdf_file/0019/244018/Animal-welfare-code-of-practice-animals-in-pet-shops.pdf The Code specifies that a pet shop can only operate when the temperature inside the cages is between 15 and 30 degrees Celsius. Our inspector measured the temperature inside the shop on Saturday at 39 degrees Celsius. As well as an ongoing investigation, our inspectorate will continue to closely monitor the pet vendors at this location, especially in relation to temperature violations as the Sydney heatwave continues. The vendors have been given strict instructions to leave the animals at home in the cool and not bring them into the shop until the weather is under 30 degrees Celsius, and this will be closely monitored. We are continuing to investigate this incident. While penalties of breaching the Code of Practice include imposition of fines, if an animal suffers and offences under the Prevention of Cruelty to Animals Act can be proven, penalties can include jail time. We understand this change.org petition is requesting we “stop the selling of animals at Parklea Markets”. The only way pet shop vendors can be shut down is by decision of a magistrate through a court-ordered prohibition order after a successful prosecution. Markets like this, even when run “well", are no place for the sale of animals. RSPCA NSW’s position paper on pet shops outlines much stricter regulations around pet shops that we are actively advocating for. You can read the full paper here: http://kb.rspca.org.au/afile/222/56/ This is just yet another reason why you should adopt, not shop. There are several pet shops in the vicinity of Parklea Markets. One particular vendor who has no breaches of the Code, and has always cooperated with us, has been mis-identified by online justice-seekers and has received death threats and physical abuse. Even with the best of intentions, this is never, ever acceptable. We understand that pets are part of our families, and they evoke a very emotional response, but please let the authorities do their job. The best thing you can do to stop animal cruelty is to make a formal confidential report on 1300 CRUELTY (1300 278 3589) so we can investigate, or call the police.