Janice Denny, 60, from Tantawangalo, appeared in court on Tuesday, April 12 on seven RSPCA charges relating to her alleged failings to provide vet treatment, and or sufficient food to horses and ponies in her care.

She is also facing a charge for allegedly failing to comply with a court order from 2020 that prohibited her from owning, being in possession of, control, or involvement with keeping horses for a period of five years.

Ms Denny, who appeared unrepresented in court, submitted a notice of motion in an attempt to have the matter dismissed as she claimed the RSPCA "had not adhered to the lodging timeline".

The RSPCA's general legal counsel Kathryn Jurd said the brief was a "few days late", as the brief was due on March 29 but wasn't served to the registry until April 3 or 4.

The RSPCA said an email was also sent to Ms Denny to notify her of their lodgement.

The prosecution said the reason for the delay was their inspector had been ill.

Ms Denny argued that she had not been notified of the brief until April 7 and that the brief was "incomplete". It was for that reason she had applied to have the brief of evidence dismissed.

The RSPCA argued that since one of the witnesses elected by Ms Denny was in custody and had been subject to institutional lockdowns due to COVID, they had not yet been able to conduct an interview.

They also argued the law stated they had 14 days before a hearing date to serve a full brief, and since no hearing date had been finalised, and issues with the brief were out of their control, there were no grounds for the brief to be dismissed.

Magistrate Doug Dick told Ms Denny he had to focus on "being flexible", especially during "these COVID times" when he has had to make amendments to timelines due to people being unwell.

He also said that since a witness was in custody, an extended brief order timeline would be appropriate.

Ms Denny claimed in court, "I have not had those concessions made for me in the past".

However the Magistrate said, "I have to be flexible - just because one part of a case can't comply with a timeline doesn't mean the whole case can be dismissed".

Ms Denny told the court she would be keeping note of such concessions in case there was need for an appeal further down the track.

Magistrate Dick allowed the prosecution four weeks to prepare and submit their full brief and another four weeks for Ms Denny to read the brief.

The case was adjourned until June 14.

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