Case Details

Cockatoo beaten, stomped to death
Masterton, NL (NZ)

Incident Date: Tuesday, Feb 28, 2006
Disposition: Convicted

Abuser/Suspect: William Bennett

Case ID: 8961
Classification: Beating, Kicking/Stomping
Animal: bird (pet)
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William Bennett, 17, was convicted in May 2006 of animal cruelty and burglary, which related to the death of George the cockatoo in Queen Elizabeth Park in March.

In Masterton District Court he was also appearing for sentence on another incident when, just six days after he was charged in relation to the bird, Bennett laid a 50kg 1.2m long post across the railway tracks between Cornwall and Renall streets and in the path of the 5pm passenger train to Wellington.

On all charges Judge Denys Barry sentenced Bennett to 180 hours community work and supervision for nine months with special conditions. In relation to the bird he was ordered to pay $951 in one lump sum and not to associate for one year with three other named people.

Bennett had stood quietly in the dock with head bent when his counsel Ken Daniels told of a boy, only 17 and in court for the first time, who was deeply remorseful and "disgusted" for his part in the bird's untimely and painful death.

Police had said in their report that the cockatoo was hit with a dog chain which knocked him off his perch and then stomped on as he thrashed around on the floor of the cage.

Mr Daniels said sentencing now needed to be dealt with in a dispassionate way because of the criticism and feeling which had been stirred up in the community, likening Bennett's treatment to what happened in the days when people were put in the stocks.

He also told the court it was not Bennett who had killed the bird, it was not him who thought of the plan to kill it, but he was a party to what happened, he knew what was intended and had helped to cut the wire to the cage.

He said to his credit Bennett had "put up his hand" and admitted to police that he was involved, pleading guilty at the first opportunity.

He had made every effort to pay for the damage he had done, and through odd jobs, a garage sale and help from his family who were very supportive, he had got together $951 his share of the cost.

Mr Daniels said in relation to the railway incident, Bennett simply had not considered the consequences.

He had been diagnosed at the age of seven as suffering from ADHD (attention deficit and hyperactivity disorder), but to his credit had made no attempt to evade responsibility, but admitted what he had done.

In sentencing Bennett Judge Barry said while admitting his involvement in the criminal venture he had "disclaimed laughing at the scene" as set out in the police report, and instead felt disgusted at what he had seen and heard.

He admitted suggesting the bird was stomped on and had cut the wire holding it open while others climbed through and killed the bird.

Again he had felt disgusted but said nothing at the time.

Judge Barry said the pre-sentence report spoke of a learning disability and behavioural problems and confirmed Mr Daniels' submissions of the publicity surrounding the case.

"The consequences visited upon you have been a big wake-up call, and those you were kicking around with may have well led you into this situation and offending"

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References

Wairarapa Times-Age - Jun  9 2006

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