Man who cut cat's leg off had more animals despite ban
A BUNDABERG couple have been fined after being found with animals during their prohibition order.
Amy Doris Lorraine Matthews and Dharme Kinsey both pleaded guilty in Bundaberg Magistrates Court last week to one count each of unlawfully contravening a prohibition order.
Appearing on behalf of the RSPCA, barrister Callan Cassidy told the court on June 27 last year the RSPCA were conducting compliance checks at Matthews and Dharme's home.
Matthews told the RSPCA inspector that they didn't have any cats but their daughter's dog was in the backyard.
Matthews said their daughter had moved out and was unable to take the dog with her because there were other animals at the property.
An inspection of the property found two cats in the main bedroom and there was cat food in the kitchen.
The court heard the couple both received prohibition orders in 2017 after they were sentenced for a matter involving a cat.
Mr Cassidy said in that matter the cat had sustained an injury in a car accident in 2016.
Around two weeks later police went to Matthews and Kinsey's home where they saw messages on Kinsey's phone saying he had cut the cat's leg off.
Two days later the RSPCA went to the property and the cat had not been taken to the vet.
After a vet examined the wound it was found the leg had a clean cut about an inch below the shoulder joint.
The wound was also infected and smelly.
Kinsey admitted cutting the leg off after initially denying doing so.
Mr Cassidy said at the time of sentencing for that offence Kinsey pleaded guilty to the offence where he was fined $500 and received a three-month jail sentence which was suspended for three years.
Matthews was dealt with for the same incident but was prosecuted for failing to provide the animals with care and was fined $2000.
Mr Cassidy said both Matthews and Kinsey received a prohibition order at the time which is due to end in 2025.
He said the breach showed a disregard for the courts order.
Mr Cassidy said there were no allegations of cruelty in the breach.
Kinsey told the court he was at work at the time and said he wasn't aware his daughter wasn't allowed to have animals at her new home.
He said he was in the process of trying to get the prohibition and was doing work with the RSPCA.
He said he was also willing to do some form of community service with the RSPCA to show them he could look after animals.
Magistrate Andrew Moloney took into account Matthews and Kinsey's guilty plea.
Mr Moloney also took into account there were no allegations of cruelty towards the animals or proof they had purchased them.
He also took into account neither Kinsey or Matthews asked the RSPCA for permission to have the animals in their possession as per their prohibition order.
"It is still a flagrant disregard of a court order," he said.
Kinsey and Matthews were each fined $500 and were ordered to pay a total of $601.80 in legal costs.
Kinsey's suspended sentence was also extended for a further 12 months.
A further prohibition order was not made.