MAN CONVICTED IN WA MAGISTRATES COURT FOR MALICIOUSLY BEATING HIS DOG

MAN CONVICTED IN WA MAGISTRATES COURT FOR MALICIOUSLY BEATING HIS DOG

CASE SUMMARY

Kourosh Bahmani, 49, of Carey Park was convicted today in the Fremantle Magistrates Court of two counts of animal cruelty against a male Staffordshire Bull-Terrier cross.

The dog named Buddy was maliciously beaten by Mr Bahmani and suffered significant pain when Mr Bahmani failed to arrange treatment for a fracture sustained by Buddy to his left leg.

CHARGES

  1. Maliciously beat an animal: section 19(2)(a) of the Animal Welfare Act 2002 (WA) (Act), and

  2. Allowed an animal to suffer harm which could have been alleviated by the taking of reasonable steps: section 19(3)(h) of the Act.

KEY FACTS

On Tuesday, 21 July 2015, RSPCA WA received a complaint involving a male Staffordshire Bull-Terrier cross.

Earlier that day, two police officers conducting pro-active patrols in an unmarked vehicle around Lake Monger observed Mr Bahmani on his knees across the rear seat of his parked vehicle, repeatedly punching Buddy with force. The blows were directed to Buddy’s left hind leg. Buddy was cowering against the back of the vehicle trying to get away from Mr Bahmani.

As the police removed Mr Bahmani from the vehicle and restrained him, Buddy exited the vehicle. The police observed Buddy was very nervous and frightened and walking with a limp and crying.

In dealing with Mr Bahmani, the Police officers deemed him an unsuitable owner for Buddy. They were of the strong view that Buddy should not be returned to Bahmani and he was seized by the police.

Upon further investigation by an RSPCA WA inspector, it was revealed that Buddy was struck by a motor vehicle on 8 March 2015 in Bunbury and sustained a fracture to his left leg. It was found that the accused took Buddy to a vet but abandoned the dog for five days before collecting him. Pain relief and antibiotics were given to Buddy while he was in care at the vet.

Despite the fact that the vet recommended that Buddy undergo surgery to repair his fractured leg and offered a payment plan option for Mr Bahmani, Mr Bahmani ignored the vet’s recommendation and failed to obtain any treatment for Buddy’s fractured leg.

Given the serious nature of the injury sustained by Buddy, veterinary advice concluded that he would have suffered excruciating pain initially, and subsequent pain and discomfort for at least four to six weeks.

SENTENCING

Chief Inspector Amanda Swift prosecuted Mr Bahmani for offences under the Animal Welfare Act. The Magistrate had no hesitation in making the following orders in relation to both charges.

  • Fine: $5,000
  • Vet costs: $2,096.75
  • Forfeiture of Buddy to RSPCA WA
  • Prohibited from owning an animal for two years
  • Legal costs: $1,500
     

RSPCA WA CHIEF INSPECTOR, AMANDA SWIFT

“It is shocking and appalling to see these kinds of intentional and callous cruelty imposed on animals, and we are pleased with the decision of the Magistrates Court today.

“Today’s court decision reaffirms that any act of cruelty against animals is an offence punishable by law and that there is simply no excuse whatsoever for such malicious behaviour. “

The maximum penalties for individuals under the Animal Welfare Act 2002 is up to five years imprisonment and up to $50,000 fine.

RSPCA WA would like to thank EMS Legal for their pro-bono support for this prosecution.
 

Media contact: Anne Gabriel, Communications Manager RSPCA WA, 9209 9313, 0437 069 853 or agabriel@rspcawa.asn.au

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