Case Details
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Case ID: 7642
Classification: Beating
Animal: cow
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CONVICTED: Was justice served?

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Case #7642 Rating: 2.7 out of 5



Cow fatally beaten with claw hammer
Kenilworth, QLD (AU)

Incident Date: Sunday, Jul 31, 2005

Disposition: Convicted

Defendant/Suspect: Kenneth Paulger

Third-time offender Kenneth Paulger, 77, of Kenilworth, had been looking at jail time when he faced Maroochydore Magistrate's Court on Friday on five charges relating to the incident on his Maleny Rd farm in August 2005. However, after a last-minute deal struck just before his hearing began, he instead admitted to two charges � cruelty to an animal and obstructing an RSPCA inspector. He was fined a record $30,000.

The court was told that a neighbour had phoned the RSPCA after seeing a distressed cow on Paulger's property. The next day the cow was lying on the ground in the same place when both she and waiting RSPCA inspector Rob Lewis saw Paulger drive up to it before hitting it on the head with a claw hammer about seven times. The court was told Paulger then tried to tow the cow behind his car and trailer. The neighbour told investigators that she believed the cow was still alive when it was being dragged about 300m. It died soon after. The court was told that Mr Lewis had offered to euthanase the cow with a rifle, but the offer was refused by Paulger and shortly afterwards a scuffle occurred between the two men when Mr Lewis tried to seize the hammer as evidence.

Barrister Mark O'Sullivan, for the RSPCA, said Paulger already had two previous convictions for animal cruelty and should be jailed and banned from owning animals. However, Tony Glynn, for Paulger, said his client had been a farmer all his life and had based his farming practices on his own experience and that of other farmers � not books and statutes nor a voluntary animal euthanasia code promoted by the RSPCA. "It is common among farmers to use a hammer to put down an animal," Mr O'Sullivan said. "He believed shooting it would cause as much pain as hitting it on the head . . . and he believed it was dead when he towed it." Outside court, RSPCA chief inspector Byron Hall said he was happy with the verdict. The largest previous fine in Queensland was $6000 for cruelty to a dog.

Speaking on behalf of Paulger outside court, high-profile lawyer Terry O'Gorman said magistrate Ken Taylor had accepted that Paulger's offence was not one of wanton cruelty, and that his farming practices were rooted in more than 75 years of farming history. "I'd make this point � that if the RSPCA are going to prosecute people for the way in which they euthanase animals, and the magistrate was clear that my client was justified in euthanasing animals, then if there is a national code then the RSPCA should downright publicise it to farmers in this area so they know what the law is," he said. Mr Lewis, who has now retired from his position with the RSPCA, said outside court Paulger should have learned from past experience that animal cruelty would not be tolerated.

Half of Paulger's fine will go to the RSPCA, along with the $1790.30 in court costs. He was allowed 12 months to pay, in default of 12 months' jail.

References

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