Janice Louise Denny, 59, failed to appear in court on Wednesday for the magistrate's decision regarding RSPCA allegations of animal neglect for horses in her care.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
In late September 2021, Ms Denny, of Tantawangalo, pleaded not guilty to all six charges, including two counts of failing to provide proper and sufficient food to an animal, and four counts of being in charge of an animal and failing to provide vet treatment.
The charges relate to horses kept at properties in Tantawangalo, Wolumla, and Candelo in September 2020.
The court heard that Ms Denny was contacted after she failed to appear at Bega Local Court on Wednesday November 10 and that she responded by way of email at 11.38am saying she was unwell with a "debilitating migraine" and unable to drive.
She also indicated in her email that her mental health was unstable and she was worried about a "public hate campaign" outside the courthouse.
Ms Denny had also been summoned at the Supreme Court Sydney in the Court of Appeal on the same day regarding a separate case and Bega Court heard that she appeared by phone.
Magistrate Doug Dick read out an abbreviated version of his 22-page judgement that he said canvassed the events as indicated in the prosecution brief, analysed the evidence produced, and the relevant legislation.
He assessed the defendant's submissions made to the court during the hearing that she was not the owner of the horses and concluded there was enough evidence the animals were in her care.
He also indicated that she had signed key documents identifying herself in charge during the RSPCA search and had, "intimate knowledge of the various identities" of the horses.
Magistrate Dick referenced the "devastating and unprecedented" fires than ravaged the Far South Coast and acknowledged that some of the photos tendered as evidence during the hearing showed evidence that the land and feed had not yet recovered.
He said the photographs and expert veterinary evidence tendered to the court during the hearing by the RSPCA showed many of the horses on various properties in a range of conditions, but that many were "emaciated".
In particular, one pony at a Candelo property had failed to have dental treatment provided and another at a Tantawangalo property did not receive proper veterinary treatment for an abscess on its leg.
Magistrate Dick said he was "satisfied beyond reasonable doubt" that Ms Denny was in charge of the horses indicated in all six charges.
Magistrate Dick said that the court had dealt with "delay upon delay" and "excuse upon excuse" while this matter appeared before the court.
He said convictions had been recorded for all six charges but the matters were far too serious to deal with in Ms Denny's absence and so issued a warrant for her arrest.
Read more Court and Crime here