A Tantawangalo woman accused of animal cruelty claims she won't get a "fair deal" in court due to what she says is a media "circus" and "trial by social media" surrounding the allegations.
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Janice Louise Denny, who is also known as Janice Northey, was convicted in her absence on May 12 on two charges of failing to provide proper and sufficient food to an animal and two charges of failing to provide vet treatment to an animal.
On Tuesday, May 26, wearing a long jacket, black headband and sneakers, 58-year-old Ms Denny successfully applied to Bega Local Court Magistrate Doug Dick to have the conviction annulled, claiming her request to be posted court paperwork rather than emailed, had been ignored by the RSPCA.
She then pleaded not guilty to the four charges.
Her charges relate to four horses, including three colts, and came after an investigation by RSPCA NSW, which is also seeking veterinary and shelter costs of about $11,500.
The late-2019 investigations led to the allegations of improper treatment of four horses in Candelo and Tantawangalo, and their seizure in January this year.
The RSPCA allege the Candelo property had no food available, no evidence of supplemental feeding and unsuitable drinking water, despite a nearby free council water point. They also claim the two ponies at Tantawangalo also had no access to food or water.
Ms Denny told the court on May 26 she had missed her May 12 conviction date due to the fact she had been unable to access electronic mail, and claimed the RSPCA was aware of her situation.
The RSPCA denied it received any application from Ms Denny to receive her paperwork by post, while Ms Denny claimed she had received a text message from the RSPCA confirming paperwork would be sent.
The RSPCA told the court it had met with Ms Denny in person on March 11 and March 12 to serve her with court paperwork.
In her annulment application, Ms Denny also claimed she has faced delays in applying for Legal Aid, requested a court transfer of proceedings and claimed the court had been closed due to COVID-19 restrictions on a day she had intended to pick up paperwork.
Magistrate Dick said the court had never been closed, and requested documentation proving her claim of Legal Aid delays.
Ms Denny also claimed she had called the court requesting all paperwork be sent to her home address.
Magistrate Dick did not discuss in open court a further point on the annulment application which he said was about him personally.
Ms Denny was also successful in having a previous court order for custody of the animals to be transferred to the RSPCA to be revoked. She claimed her ownership of the horses is shared with others, and they are not solely hers.
She called the order "legalised thefts" of the animals, while Magistrate Dick told the court "it was best that the horses get transferred in ownership".
"It's never worried the RSPCA, and that's theft," Ms Denny told the court.
Magistrate Dick told Denny the case was quickly accruing "significant costs", due to the cost of caring for the animals, which may fall on her to pay if convicted, he said.
"I would urge you to continue to seek that legal advice," he said.
Magistrate Dick adjourned the matter to Bega Local Court on June 23 to allow Denny time to consider a brief of evidence before confirming her plea.
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